Immigration Bill (HC Bill 110)

(a) 35refer the proposed marriage to the Secretary of State;

(b) notify the parties to the proposed marriage that the proposed
marriage must be referred to the Secretary of State;

(c) give the parties to the proposed marriage prescribed
information about—

(i) 40the effects of the referral;

(ii) the requirement under regulations under section 28D
to notify the Secretary of State of changes of address.

(6) The superintendent registrar must act in accordance with
regulations when complying with the duty in subsection (5)(a) to
refer a proposed marriage to the Secretary of State.

(7) Regulations may, in particular, make provision about—

(a) 5the form, manner or timing of the referral of a proposed
marriage;

(b) information, photographs or evidence — or copies of any of
those things — to be included with the referral of a proposed
marriage.

(8) 10Regulations are to be made by statutory instrument; and a statutory
instrument containing regulations is subject to annulment in
pursuance of a resolution of either House of Parliament.

(9) If the superintendent registrar refers the proposed marriage to the
Secretary of State, this Act has effect in relation to the proposed
15marriage subject to the modifications in Schedule 3A.

(10) In this section—

(a) a reference to a person being an exempt person has the same
meaning as in section 44 of the Immigration Act 2014;

(b) “prescribed information” means information prescribed in
20regulations;

(c) “regulations” means regulations made by the Secretary of
State after consulting the Registrar General.”.

9 Before Schedule 4 insert—

“SCHEDULE 3A

Modifications if proposed marriage referred under section 28H

1 Introduction

(1) 25These are the modifications subject to which this Act has effect if
the superintendent registrar refers a proposed marriage to the
Secretary of State.

(2) In this Schedule—

• “2014 Act” means the Immigration Act 2014;

• 30“referred marriage” means the proposed marriage referred to
  the Secretary of State.

2 No certificate to be issued until decision about investigation etc

(1) The duty under section 31(2) to issue a certificate in respect of the
referred marriage does not apply until the Secretary of State gives
35the superintendent registrar notice under section 43(7) of the 2014
Act (notice of whether the Secretary of State has decided to
investigate whether the referred marriage is a sham).

(2) In a case where that notice is of a decision to investigate whether
the referred marriage is a sham, the duty under section 31(2) does
40not apply unless (additionally) the Secretary of State gives the
superintendent registrar notice under section 45(6) of the 2014 Act

that both of the parties to the referred marriage have complied
with that investigation.

(3) This paragraph applies in addition to any other requirements
applicable to the issue of the certificate.

(4) 5This paragraph is subject to paragraph 4.

3 Marriage to be investigated: extension of waiting period to 70 days

(1) The modifications in this paragraph have effect if the Secretary of
State gives the superintendent registrar notice under section 43(7)
of the 2014 Act of a decision to investigate whether the referred
10marriage is a sham.

(2) Section 31(2): the reference to the said period of 28 days has effect
as a reference to the relevant 70 day period.

(3) Section 31(4A)(a): the reference to the period of 28 days has effect
as a reference to the relevant 70 day period.

(4) 15Section 31(5A) and (5C): the reference to the 28 day period has
effect as a reference to the relevant 70 day period.

(5) Section 31(5B) does not apply.

(6) Section 75(3)(a): the reference to 28 days has effect as a reference to
70 days (and the reference in section 31(5C) to 28 days has effect
20accordingly).

(7) This paragraph does not affect the exercise of the power conferred
by section 31(5A).

(8) In this paragraph “relevant 70 day period” means the period—

(a) beginning the day after notice of the proposed marriage is
25entered in the marriage book in accordance with Part 3 of
the Marriage Act 1949, or is entered in an approved
electronic form by virtue of section 27(4A) of that Act, and

(b) ending at the end of the period of 70 days beginning with
that day.

4 30Effect of reducing statutory period

(1) This paragraph applies if—

(a) the Secretary of State gives notice under section 31(5EB) of
the grant of an application made under section 31(5A)
(reduction of statutory period) in relation to the referred
35marriage, and

(b) that notice is given at a time when the duty under section
31(2) to issue a certificate in respect of the referred
marriage has not arisen in accordance with paragraph 2.

(2) The duty under subsection 31(2) to issue a certificate in respect of
40the referred marriage arises on the giving of the notice, subject to
any other requirements applicable to the issue of the certificate
being met.

(3) But the requirements of paragraph 2 are not applicable in such a
case.

(4) The Secretary of State is not prevented from deciding to conduct,
conducting, or continuing, an investigation if a certificate in
5respect of the referred marriage is issued as mentioned in sub-
paragraph (2).

(5) But in such a case, nothing in the 2014 Act requires the Secretary
of State to decide whether to conduct, to conduct, or to continue,
an investigation.

(6) 10In this paragraph “investigation” means an investigation,
conducted following a decision by the Secretary of State under
section 43 of the 2014 Act, whether a proposed marriage is a
sham.”.

Notice period

10 (1) 15Section 31 (marriage under certificate without licence) is amended in
accordance with this paragraph.

(2) In section 31—

(a) for “15 successive days” (in each place) substitute “28 successive
days”;

(b) 20for “15 days” (in each place) substitute “28 days”;

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

(3) After subsection (5E) insert—

“(5EA) If a proposed marriage is referred to the Secretary of State under
section 28H—

(a) 25any application under subsection (5A) is to be made to the
Secretary of State; and

(b) the power conferred by subsection (5A) is exercisable by the
Secretary of State;

and the reference to the Registrar General in subsection (5C)
30accordingly has effect as a reference to the Secretary of State.

(5EB) If the Secretary of State grants an application made under subsection
(5A), the Secretary of State must give notice of the grant of the
application to the superintendent registrar to whom notice of the
marriage was given.

(5EC) 35Regulations under subsection (5D) do not apply to applications
made to the Secretary of State in accordance with subsection (5EA).

(5ED) The Secretary of State may by regulations make provision with
respect to the making, and granting, of applications made in
accordance with subsection (5EA).

(5EE) 40The Secretary of State must consult the Registrar General before
making regulations under subsection (5ED).”.

(4) In subsection (5H), after “(5D)” insert “or (5ED)”.

Marriage referred to Secretary of State: issue of certificates

11 (1) In section 31 (marriage under certificate without licence), at the end insert—

“(7) This section has effect subject to section 31ZA.”.

(2) After section 31 insert—

31ZA 5  Notice of marriage: false information or evidence

(1) A superintendent registrar may refuse to issue a certificate under
section 31(2) in a case where—

(a) notice of marriage has been given under section 27, and

(b) a superintendent registrar has reasonable grounds for
10suspecting that a relevant decision was made incorrectly
because of the provision of false information or evidence.

(2) If the superintendent registrar refuses to issue the certificate, the
parties to the proposed marriage are to be taken not to have given
notice under section 27; but that does not prevent criminal
15proceedings from being brought against either party, or any other
person, in relation to the giving of the notice.

(3) This section does not limit the powers of superintendent registrars to
refuse to issue certificates under section 31 in respect of marriages.

(4) In this section—

• 20“evidence” includes a photograph or other image;

• “exempt person” has the same meaning as in section 28H;

• “relevant decision” means a decision of a superintendent
  registrar that a party to a proposed marriage is an exempt
  person.”.

(3) 25In section 31A (appeal on refusal under section 31(2)(a))—

(a) in the title, at the end insert “or 31ZA”;

(b) in subsection (1), after “31(2)(a)” insert “or 31ZA”;

(c) after subsection (2) insert—

“(2A) In a case where—

(a) 30in reliance on section 31ZA, a superintendent
registrar refuses to issue a certificate, and

(b) on an appeal against the refusal, the Registrar General
directs that a certificate be issued,

section 31ZA(2) is of no effect — and is to be taken to have
35never had any effect — in relation to the parties’ giving of
notice under section 27.”;

(d) after subsection (3) insert—

“(3A) If—

(a) relying on section 31ZA, a superintendent registrar
40refuses to issue a certificate, and

(b) on an appeal against the refusal, the Registrar General
declares the appeal to have been frivolous,

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

(e) 45in subsection (4)—