Immigration Bill (HC Bill 110)

(i) for “such costs and damages” substitute “costs and damages
in accordance with subsection (3) or (3A)”;

(ii) at the end insert “(in the case of subsection (3)) or evidence
that the Registrar General has declared the appeal to have
5been frivolous (in the case of subsection (3A))”.

Certificates

12 (1) In section 35 (marriage in registration district in which neither party resides),
in subsection (3), after “them,” insert “or in which the marriage may be
solemnized by virtue of section 1 of the Church of England Marriage
10Measure 2008 or section 2 of the Marriage (Wales) Act 2010,”.

(2) Omit section 38.

Regulations etc

13 In section 74 (regulations), after subsection (2) insert—

“(3) Any order or regulations made under this Act may make different
15provision for different cases.”.

Offences

14 In section 75 (offences relating to solemnization of marriages), in subsection
(3)(a), for “15 days” substitute “28 days”.

Relevant nationals

15 20In section 78 (interpretation of the 1949 Act), in subsection (1), after the
definition of “registration district” insert—

• ““relevant national” means—

  (a)

  a British national,

  (b)

  a national of an EEA state other than the United
  25Kingdom, or

  (c)

  a national of Switzerland;”.

Part 2 Civil partnership

Introduction

16 30The Civil Partnership Act 2004 is amended in accordance with this Part of
this Schedule.

Supply of additional information and evidence

17 (1) Section 8 (notice of proposed civil partnership and declaration) is amended
in accordance with this paragraph.

(2) 35In subsection (4), after paragraph (b) insert—

“(c) that the proposed civil partner believes all of the information
stated in the notice, and all information and evidence
supplied with the notice, is true.”.

(3) After subsection (5) insert—

“(5A) Subsection (5) is subject to section 9F.”.

18 After section 8 insert—

“8A Additional information if party not relevant national

(1) 5This section applies to notice of proposed civil partnership given to
a registration authority in accordance with section 8 if one, or each,
of the parties to the proposed civil partnership is not a relevant
national.

(2) For each party to the proposed civil partnership who is not a relevant
10national, the notice must include whichever of statements A, B or C
is 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
15respect of the proposed civil partnership.

(5) Statement 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 civil
partnership.

(6) 20The notice must be accompanied by the details, photographs or
addresses referred to in an entry in the first column of this table if the
notice contains the statement, or one of the statements, referred to in
the corresponding entry in the second column—

(7) 5If the notice includes statement C for a party to the proposed civil
partnership—

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

(b) 10if the notice is accompanied by statement D for a party to the
proposed civil partnership, the person may provide the
registration authority with details of his or her immigration
position in the United Kingdom; and

(c) if any such details are provided, the registration authority
15must record them.

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

(a) any names (other than any name stated in the notice of
proposed civil partnership in accordance with regulations
20under section 8(2)) previously used by that person, and

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

(9) In this section—

(a) a reference—

(i) to a person having the appropriate immigration
25status, or

(ii) to 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
30person has is a reference to the immigration status set out in
any 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
35entitled to be in the United Kingdom.

(10) In this section—

• “specified photograph” means a photograph that is in
  accordance with regulations made under section 9E (and for
  this purpose “photograph” includes other kinds of images);

Immigration BillPage 73

• “stated place of residence” means the place of residence of a
  person stated in a notice of proposed civil partnership in
  accordance with regulations under section 8(2).”.

19 For section 9 substitute—

“9 5Evidence

(1) A notice of proposed civil partnership under section 8 must, in
relation to each of the parties to the civil partnership, be
accompanied by specified evidence of the following matters—

(a) the person’s name and surname;

(b) 10the person’s date of birth;

(c) the person’s place of residence;

(d) the person’s nationality.

(2) A person giving a notice of proposed civil partnership under section
8 must provide the registration authority to which the notice is given
15with specified evidence—

(a) as to whether the person has previously been married or
formed 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
20accordance with regulations made under section 9E.

9A Additional evidence if party not relevant national

(1) This section applies to notice of proposed civil partnership given to
a registration authority in accordance with section 8 if one, or each,
of the parties to the proposed civil partnership is not a relevant
25national.

(2) If the notice includes statement A (referred to in section 8A(3)), and
accordingly is accompanied by details of the particular immigration
status which a party to the proposed civil partnership has, the notice
must be accompanied by specified evidence of that status.

(3) 30If the notice includes statement B (referred to in section 8A(4)), the
notice must be accompanied by specified evidence of the holding of
the relevant visa by the party to the proposed civil partnership.

(4) If, in accordance with section 8A(6), the notice is accompanied by the
usual address of a party to the proposed civil partnership, the notice
35must also be accompanied by specified evidence that it is that party’s
usual address.

(5) If the notice includes statement D (referred to in section 8A(7)), the
notice may be accompanied by evidence of the person’s immigration
position in the United Kingdom.

(6) 40In this section “specified evidence” means evidence that is in
accordance with regulations made under section 9E.

9B Change 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) notice of a UK contact address, if the person’s notified usual
address is not in the United Kingdom;

(c) 5notice 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
regulations under paragraph (a), (b) or (c).

(2) The provision that may be made in regulations under this section
10includes—

(a) provision imposing a requirement on a person;

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

(3) Regulations under subsection (1)(d) may, in particular, make any
15provision of the kind that may be made under section 9E(3).

(4) In this section—

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

  (a)

  20section 8A(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)

  section 8A(6), or

  (b)

  25regulations under this section.

9C Rejection of false information or evidence

(1) A registration authority may reject—

(a) any information or photograph provided under section 8 or
8A, or

(b) 30any evidence provided under section 9 or 9A,

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

(2) If the registration authority rejects any information, photograph or
evidence, the registration authority may proceed under this Act as if
35the rejected information, photograph or evidence had not been
provided.

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

9D Amendment of notice and evidence provisions

(1) 40The Secretary of State may by order—

(a) amend section 8 or 8A so as to vary the information that must
or may be given in cases where that section applies;

(b) amend section 9 or 9A so as to vary the matters in respect of
which specified evidence must or may be given in cases
45where that section applies;

(c) make such provision (including provision amending section
9B or 9E or any other enactment) as the Secretary of State
considers appropriate in consequence of provision made
under paragraph (a) or (b).

(2) 5The Secretary of State must consult the Registrar General before
making an order under this section.

9E Specified evidence

(1) The Registrar General may make regulations about the evidence that
is required to be given for the purposes of section 9.

(2) 10The Secretary of State may make regulations about the evidence that
is required to be given for the purposes of section 9A.

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

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

(b) 15the form in which evidence is to be supplied;

(c) the 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) 20the 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.

(d)(d)25the 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
accordance with the regulations (including provision to
30secure 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) The Registrar General must obtain the approval of the Secretary of
35State before making regulations under this section.

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

9F Recording of information in the register: compliance with
requirements

40The registration authority must not enter in the register the
information relating to a proposed civil partnership mentioned in
section 8(5) in a case where any of the requirements imposed by or
under any of the following provisions of this Act is applicable but is
not complied with—

• 45section 8A(2) to (6);

• section 8A(8);

• section 9(1);

• section 9A(2) to (4);

• section 18(3);

• 50section 19(3);

• paragraph 5(1) of Schedule 1;

• paragraph 4 of Schedule 23.”.

Notice period

20 In section 11 (meaning of “the waiting period”), for “15” substitute “28”.

21 (1) Section 12 (power to shorten the waiting period) is amended in accordance
with this paragraph.

(2) 5In subsection (1), for “15” substitute “28”.

(3) After subsection (3) insert—

“(4) If a proposed civil partnership is referred to the Secretary of State
under section 12A—

(a) any application under subsection (1) is to be made to the
10Secretary of State; and

(b) the power conferred by subsection (1) is exercisable by the
Secretary of State.

(5) If the Secretary of State grants an application made under subsection
(1), the Secretary of State must give notice of the grant of the
15application to—

(a) the registration authority to which notice of the proposed
civil partnership was given, and

(b) if different, the registration authority responsible for issuing
the civil partnership schedule under section 14(1) in relation
20to the proposed civil partnership.

(6) Regulations under subsection (2) do not apply to applications made
to the Secretary of State in accordance with subsection (4).

(7) The Secretary of State may by regulations make provision with
respect to the making, and granting, of applications made in
25accordance with subsection (4).

(8) The Secretary of State must consult the Registrar General before
making regulations under subsection (7).”.

Referral to Secretary of State

22 After section 12 insert—

“12A 30Referral of proposed civil partnership to Secretary of State

(1) On every occasion when notice of proposed civil partnership is given
under section 8, the registration authority must decide whether or
not each of the parties to the proposed civil partnership is an exempt
person.

(2) 35But this section does not apply if Schedule 3 applies to the proposed
civil partnership.

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

(4) 40In a case where—

(a) section 8A applies to the notice of proposed civil partnership,
and

(b) specified evidence required by section 9A(2) or (3) is not
produced in accordance with that section,

the registration authority must decide that any party to the proposed
civil partnership who is not a relevant national is not an exempt
5person.

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

(a) refer the proposed civil partnership to the Secretary of State;

(b) 10notify the parties to the proposed civil partnership that the
proposed civil partnership must be referred to the Secretary
of State;

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

(i) 15the effects of the referral;

(ii) the requirement under regulations under section 9B
to notify the Secretary of State of changes of address.

(6) The registration authority must act in accordance with regulations
when complying with the duty in subsection (5)(a) to refer a
20proposed civil partnership to the Secretary of State.

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

(a) the form, manner or timing of the referral of a proposed civil
partnership;

(b) information, photographs or evidence — or copies of any of
25those things — to be included with the referral of a proposed
civil partnership.

(8) If the registration authority refers the proposed civil partnership to
the Secretary of State, this Act has effect in relation to the proposed
civil partnership subject to the modifications in Schedule 3A.

(9) 30In 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
regulations;

(c) 35“regulations” means regulations made by the Secretary of
State after consulting the Registrar General.”.

23 After Schedule 3 insert—

“SCHEDULE 3A

Modifications if proposed civil partnership referred under section 12A

1 Introduction

(1) These are the modifications subject to which this Act has effect if
40the registration authority refers a proposed civil partnership to the
Secretary of State.

(2) In this Schedule—

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• “2014 Act” means the Immigration Act 2014;

• “referred civil partnership” means the proposed civil
  partnership referred to the Secretary of State.

2 No civil partnership schedule to be issued until decision about investigation etc

(1) 5The duty under section 14(1) to issue a civil partnership schedule
in respect of the proposed civil partnership does not apply until
the Secretary of State gives the registration authority or authorities
notice under section 43(8) of the 2014 Act (notice of whether the
Secretary of State has decided to investigate whether the referred
10civil partnership is a sham).

(2) In a case where that notice is of a decision to investigate whether
the referred civil partnership is a sham, the duty under section
14(1) does not apply unless (additionally) the Secretary of State
gives the registration authority or authorities notice under section
1545(6) of the 2014 Act that both of the parties to the referred civil
partnership have complied with that investigation.

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

(4) This paragraph is subject to paragraph 4.

3 20Civil partnership 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 registration authority notice under section 43(8) of
the 2014 Act of a decision to investigate whether the referred civil
partnership is a sham.

(2) 25Section 11(b): the reference to the period of 28 days has effect as a
reference to the relevant 70 day period.

(3) But, for the purposes of section 10, the waiting period is not
extended by sub-paragraph (2).

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

(a) 30beginning the day after notice of the proposed civil
partnership is recorded in the register in accordance with
section 8(5), and

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

4 35Effect of shortening waiting period

(1) This paragraph applies if—

(a) the Secretary of State gives notice under section 12(5) of the
grant of an application made under section 12(1) (power to
shorten the waiting period) in relation to the referred civil
40partnership, and

(b) that notice is given at a time when the duty under section
14(1) to issue a civil partnership schedule in respect of the
referred civil partnership has not arisen in accordance with
paragraph 2.

(2) The duty under section 14(1) to issue a civil partnership schedule
in respect of the referred civil partnership arises on the giving of
the notice under section 12(5), subject to any other requirements
applicable to the issue of the schedule being met.

(3) 5But 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 schedule in respect
of the referred civil partnership is issued as mentioned in sub-
10paragraph (2).

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

(6) In this paragraph “investigation” means an investigation,
15conducted following a decision by the Secretary of State under
section 43 of the 2014 Act, whether a proposed civil partnership is
a sham.”.

Civil partnership referred to Secretary of State: issue of civil partnership schedule

24 (1) In section 14 (issue of civil partnership schedule), at the end insert—

“(6) 20This section has effect subject to section 14A.”.

(2) After section 14 insert—

“14A Notice of proposed civil partnership: false information or evidence

(1) A registration authority may refuse to issue a civil partnership
schedule under section 14(1) in a case where—

(a) 25notice of a proposed civil partnership has been given under
section 8, and

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

(2) 30If a registration authority refuses to issue the schedule, the parties to
the proposed civil partnership are to be taken not to have given
notice under section 8; but that does not prevent criminal
proceedings from being brought against either party, or any other
person, in relation to the giving of the notice.

(3) 35This section does not limit the powers of registration authorities to
refuse to issue civil partnership schedules.

(4) In this section—

• “evidence” includes a photograph or other image;

• “exempt person” has the same meaning as in section 12A;

• 40“relevant decision” means a decision of a registration authority
  that a party to the proposed civil partnership is an exempt
  person.”.

(3) In section 15 (appeal against refusal to issue civil partnership schedule)—

(a) in subsection (1)(b), after “14(3)” insert “or 14A”;