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Notices of Amendments: 23 January 2014                  

1588

 

Immigration Bill, continued

 
 

Evidence

 

3    (1)  

The Secretary of State may make regulations about the supply of evidence in

 

accordance with a relevant evidence provision.

 

      (2)  

Regulations under this paragraph 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)    

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)    

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.

 

      (3)  

In this paragraph—

 

“evidence” includes a photograph or other image;

 

“relevant evidence provision” means provision (whether or not made by an

 

extension order) about the supply of evidence in relation to a proposed

 

Scottish or Northern Ireland marriage or civil partnership in a case where

 

one or both of the parties is not a relevant national.

 

Change of address

 

4    (1)  

The Secretary of State may, by regulations, make provision about the giving to

 

the Secretary of State of—

 

(a)    

notice of a relevant person’s usual address, if the person’s notified

 

usual address changes;

 

(b)    

notice of a relevant person’s UK contact address, if the person’s

 

notified usual address is not in the United Kingdom;

 

(c)    

notice of a relevant 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)  

Regulations under this paragraph may, in particular, make—

 

(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 sub-paragraph (1)(d) may, in particular, make any provision

 

of the kind that may be made under paragraph 3(2).

 

      (4)  

In this paragraph—

 

“notified”, in relation to an address of a relevant person, means notified

 

(whether to the Secretary of State or another person) in connection with

 

the proposed Scottish or Northern Ireland marriage or civil partnership

 

(including any such address notified in accordance with provision made

 

by an extension order or regulations made under this paragraph);

 

“relevant person” means a person who is a party to a proposed Scottish or

 

Northern Ireland marriage or civil partnership in a case where that person

 

or the other party is not a relevant national (or both of them are not

 

relevant nationals);


 
 

Notices of Amendments: 23 January 2014                  

1589

 

Immigration Bill, continued

 
 

“UK contact address” means an address in the United Kingdom at which a

 

person can be contacted by post.

 

Referral

 

5    (1)  

The Secretary of State may make regulations requiring a person to act in

 

accordance with the regulations when complying with a duty of referral.

 

      (2)  

The regulations may, in particular, make provision about—

 

(a)    

the form, manner or timing of the referral;

 

(b)    

information, photographs or evidence — or copies of any of those

 

things — to be included with the referral.

 

      (3)  

The Secretary of State may make regulations requiring a person who refers a

 

proposed marriage or civil partnership in accordance with a duty of referral to

 

give the parties to the proposed marriage information prescribed in the

 

regulations about—

 

(a)    

the effects of the referral;

 

(b)    

any requirements under regulations under paragraph 4 to notify the

 

Secretary of State of changes of address.

 

      (4)  

In this paragraph—

 

“duty of referral” means a duty (whether or not contained in provision made

 

by an extension order) to refer a proposed Scottish or Northern Ireland

 

marriage or civil partnership to the Secretary of State for the purposes of

 

the referral and investigation scheme;

 

“referral” means the referral of a proposed Scottish or Northern Ireland

 

marriage or civil partnership under a duty of referral.

 

Applications for shortening of waiting period

 

6    (1)  

The Secretary of State may make regulations about the making, and granting,

 

of applications for the shortening of a waiting period in cases where a proposed

 

Scottish or Northern Ireland marriage or civil partnership is referred to the

 

Secretary of State in accordance with a duty of referral.

 

      (2)  

Regulations may be made under this paragraph—

 

(a)    

whether the application falls to be made by virtue of provision made

 

by an extension order or otherwise;

 

(b)    

whether the application falls to be made to the Secretary of State or

 

another person.

 

      (3)  

In this paragraph—

 

“duty of referral” has the same meaning as in paragraph 5;

 

“waiting period”, in relation to a proposed Scottish or Northern Ireland

 

marriage or civil partnership, means a period during which it is not

 

possible for the marriage to be solemnized or civil partnership to be

 

formed (but which falls after notice of the proposed marriage or civil

 

partnership has been given for the purposes of enabling it to be

 

solemnized or formed in due course).’.

 

Secretary Theresa May

 

28

 

Schedule  4,  page  61,  leave out line 9.

 

Secretary Theresa May

 

29

 

Schedule  4,  page  61,  leave out line 12.


 
 

Notices of Amendments: 23 January 2014                  

1590

 

Immigration Bill, continued

 
 

Secretary Theresa May

 

30

 

Schedule  4,  page  61,  line  22,  at end insert—

 

‘( )    

But this section does not apply if section 39A applies to the proposed marriage.’.

 

Secretary Theresa May

 

31

 

Schedule  4,  page  61,  line  33,  leave out from beginning to end of line 15 on page 62

 

and insert—

 

‘(6)    

If the notice contains the statement referred to in the first column of an entry in

 

this table, the notice must be accompanied by the information and photographs

 

referred to in the second column of that entry (insofar as that entry is applicable

 

to the parties to the proposed marriage)—

 

If the notice includes this statement...

...the notice must be accompanied by...

 
 

Statement A (in respect of one or both of

For each party in respect of whom

 
 

the parties to the proposed marriage)

statement A is made, details of the

 
  

particular immigration status which that

 
  

party has

 
 

Statement B (in respect of one or both of

1. For each party, a specified photograph

 
 

the parties to the proposed marriage)

of that party

 
  

2. For each party in respect of whom

 
  

statement B is made, details of the

 
  

relevant visa which that party has

 
 

Statement C (in respect of one or both of

1. For each party, a specified photograph

 
 

the parties to the proposed marriage)

of that party

 
  

2. For each party, the usual address of

 
  

that party

 
  

3. For each party whose usual address is

 
  

outside the United Kingdom, an address

 
  

in the United Kingdom at which that

 
  

party can be contacted by post

 
  

4. For each party who has previously

 
  

used any name or names other than the

 
  

person’s name stated in the notice in

 
  

accordance with section 27(3), a

 
  

statement of the other name or names

 
  

5. For each party who currently uses, or

 
  

has previously used, an alias or aliases, a

 
  

statement of the alias or aliases

 
 

(6A)    

If the notice contains more than one of statements A, B and C, subsection (6) must

 

be complied with in relation to each of those statements; but where the notice

 

contains statements B and C, subsection (6) does not require the notice to be

 

accompanied by more than one specified photograph of each party.’.

 

Secretary Theresa May

 

32

 

Schedule  4,  page  62,  line  27,  leave out sub-paragraph (8).

 

Secretary Theresa May

 

33

 

Schedule  4,  page  64,  line  11,  leave out from beginning to ‘“specified’ in line 21


 
 

Notices of Amendments: 23 January 2014                  

1591

 

Immigration Bill, continued

 
 

and insert—

 

‘(a)    

photographs and addresses of the kinds referred to in paragraphs 1 and

 

2 in the relevant entry in section 27E(6);

 

(b)    

as respects the usual address of each party that is provided in

 

accordance with paragraph (a), specified evidence that the address

 

provided is that party’s usual address; and

 

(c)    

addresses, names and aliases of the kinds referred to in paragraphs 3

 

to 5 in the relevant entry in section 27E(6) (insofar as those paragraphs

 

are applicable to the parties to the proposed marriage).

 

(7)    

In this section—

 

“relevant entry in section 27E(6)” means the second column of the last entry

 

in the table in section 27E(6);’.

 

Secretary Theresa May

 

34

 

Schedule  4,  page  69,  leave out lines 22 and 23.

 

Secretary Theresa May

 

35

 

Schedule  4,  page  70,  line  33,  after ‘application’ insert ‘to the applicant and’.

 

Secretary Theresa May

 

36

 

Schedule  4,  page  72,  line  34,  at end insert—

 

‘One party resident in Scotland

 

            

In section 37 (one party resident in Scotland), in subsection (1)(b), for the

 

words from “with” to “Act” (in the first place) insert “with section 27 and the

 

other provisions of this Act”.

 

Proof of certain matters not necessary to validity of marriages

 

            

In section 48 (proof of certain matters not necessary to validity of marriages),

 

in subsection (1)—

 

(a)    

omit the word “or” at the end of paragraph (e) (inserted by paragraph

 

14(c) of Schedule 7 to the Marriage (Same Sex Couples) Act 2013);

 

(b)    

at the end of paragraph (ea) (inserted by that provision of the Marriage

 

(Same Sex Couples) Act 2013) insert “or

 

(eb)    

that, in the case of a marriage to which Schedule 3A

 

applied, any of the events listed in paragraph 2(2) to

 

(6) of that Schedule occurred.”.’.

 

Secretary Theresa May

 

37

 

Schedule  4,  page  73,  line  28,  at end insert—

 

‘( )    

But this section does not apply if Schedule 3 applies to the proposed civil

 

partnership.’.

 

Secretary Theresa May

 

38

 

Schedule  4,  page  74,  leave out lines 1 to 25 and insert—


 
 

Notices of Amendments: 23 January 2014                  

1592

 

Immigration Bill, continued

 
 

‘(6)    

If the notice contains the statement referred to in the first column of an entry in

 

this table, the notice must be accompanied by the information and photographs

 

referred to in the second column of that entry (insofar as that entry is applicable

 

to the parties to the proposed civil partnership)—

 

If the notice includes this statement...

...the notice must be accompanied by...

 
 

Statement A (in respect of one or both of

For each party in respect of whom

 
 

the parties to the proposed civil

statement A is made, details of the

 
 

partnership)

particular immigration status which that

 
  

party has

 
 

Statement B (in respect of one or both of

1. For each party, a specified photograph

 
 

the parties to the proposed civil

of that party

 
 

partnership)

2. For each party in respect of whom

 
  

statement B is made, details of the

 
  

relevant visa which that party has

 
 

Statement C (in respect of one or both of

1. For each party, a specified photograph

 
 

the parties to the proposed civil

of that party

 
 

partnership)

2. For each party, the usual address of

 
  

that party

 
  

3. For each party whose usual address is

 
  

outside the United Kingdom, an address

 
  

in the United Kingdom at which that

 
  

party can be contacted by post

 
  

4. For each party who has previously

 
  

used any name or names other than the

 
  

person’s name stated in the notice of

 
  

proposed civil partnership in accordance

 
  

with regulations under section 8(2), a

 
  

statement of the other name or names

 
  

5. For each party who currently uses, or

 
  

has previously used, an alias or aliases, a

 
  

statement of the alias or aliases

 
 

(6A)    

If the notice contains more than one of statements A, B and C, subsection (6) must

 

be complied with in relation to each of those statements; but where the notice

 

contains statements B and C, subsection (6) does not require the notice to be

 

accompanied by more than one specified photograph of each party.’.

 

Secretary Theresa May

 

39

 

Schedule  4,  page  74,  line  37,  leave out sub-paragraph (8).

 

Secretary Theresa May

 

40

 

Schedule  4,  page  76,  line  7,  leave out from beginning to ‘“specified’ in line 18 and

 

insert—

 

‘(a)    

photographs and addresses of the kinds referred to in paragraphs 1 and

 

2 in the relevant entry in section 8A(6);

 

(b)    

as respects the usual address of each party that is provided in

 

accordance with paragraph (a), specified evidence that the address

 

provided is that party’s usual address; and

 

(c)    

addresses, names and aliases of the kinds referred to in paragraphs 3

 

to 5 in the relevant entry in section 8A(6) (insofar as those paragraphs

 

are applicable to the parties to the proposed civil partnership).


 
 

Notices of Amendments: 23 January 2014                  

1593

 

Immigration Bill, continued

 
 

(7)    

In this section—

 

“relevant entry in section 8A(6)” means the second column of the last entry

 

in the table in section 8A(6);’.

 

Secretary Theresa May

 

41

 

Schedule  4,  page  78,  line  34,  at end insert—

 

‘(a)    

the applicant,’.

 

Secretary Theresa May

 

42

 

Schedule  4,  page  80,  line  24,  leave out ‘proposed’ and insert ‘referred’.

 

Secretary Theresa May

 

43

 

Schedule  4,  page  84,  line  6,  at end insert—

 

‘Proof of certain matters not necessary to validity of civil partnership

 

            

In section 52 (proof of certain matters not necessary to validity of civil

 

partnership), in subsection (1)—

 

(a)    

omit the word “or” at the end of paragraph (a);

 

(b)    

at the end of paragraph (aa) insert “or

 

(ab)    

that, in the case of a civil partnership to which

 

Schedule 3A applied, any of the events listed in

 

paragraph 2(2) to (6) of that Schedule occurred.”.’.

 

Secretary Theresa May

 

44

 

Schedule  5,  page  85,  line  41,  leave out sub-paragraph (2).

 

Power to charge fees for attendance services in particular cases

 

Secretary Theresa May

 

NC12

 

To move the following Clause:—

 

‘(1)    

This section applies where a person exercises a function in connection with

 

immigration or nationality in respect of which a fee is chargeable by virtue of a

 

fees order (a “chargeable function”) in a particular case and—

 

(a)    

in doing so attends at a place outside the United Kingdom, and time,

 

agreed with a person (“the client”), and

 

(b)    

does so at the request of the client.

 

    

It is immaterial whether or not the client is a person in respect of whom the

 

chargeable function is exercised.

 

(2)    

In this section “attendance service” means the service described in subsection (1)

 

except so far as it consists of the exercise of a chargeable function.

 

(3)    

The following are to be disregarded in determining whether a fee is chargeable in

 

respect of a function by virtue of a fees order—

 

(a)    

any exception provided for by a fees order or fees regulations;

 

(b)    

any power so provided to waive or refund a fee.


 
 

Notices of Amendments: 23 January 2014                  

1594

 

Immigration Bill, continued

 
 

(4)    

The person exercising the chargeable function may charge the client such fee for

 

the purposes of recovering the costs of providing the attendance service as the

 

person may determine.

 

(5)    

Fees paid to the Secretary of State by virtue of this section must be paid into the

 

Consolidated Fund.

 

(6)    

A fee payable by virtue of this section may be recovered as a debt due to the

 

Secretary of State.

 

(7)    

This section is without prejudice to—

 

(a)    

section {j0601};

 

(b)    

section 1 of the Consular Fees Act 1980 (fees for consular acts etc.);

 

(c)    

section 102 of the Finance (No. 2) Act 1987 (government fees and

 

charges), or

 

(d)    

any other power to charge a fee.’.

 

Secretary Theresa May

 

45

 

Clause  60,  page  46,  line  37,  leave out from beginning to ‘may’ in line 12 on page

 

47 and insert—

 

‘(3)    

A fees order—

 

(a)    

must specify how the fee in respect of the exercise of each specified

 

function is to be calculated, and

 

(b)    

’.

 

Secretary Theresa May

 

46

 

Clause  60,  page  47,  line  14,  at end insert—

 

‘(3A)    

For any specified fee, a fees order must provide for it to comprise one or more

 

amounts each of which is—

 

(a)    

a fixed amount, or

 

(b)    

an amount calculated by reference to an hourly rate or other factor.

 

(3B)    

Where a fees order provides for a fee (or part of a fee) to be a fixed amount, it—

 

(a)    

must specify a maximum amount for the fee (or part), and

 

(b)    

may specify a minimum amount.

 

(3C)    

Where a fees order provides for a fee (or part of a fee) to be calculated as

 

mentioned in subsection (3A)(b), it—

 

(a)    

must specify—

 

(i)    

how the fee (or part) is to be calculated, and

 

(ii)    

a maximum rate or other factor, and

 

(b)    

may specify a minimum rate or other factor.

 

(3D)    

For any specified fee, the following are to be set by the Secretary of State by

 

regulations (“fees regulations”)—

 

(a)    

if the fee (or any part of it) is to be a fixed amount, that amount;

 

(b)    

if the fee (or any part of it) is to be calculated as mentioned in subsection

 

(3A)(b), the hourly rate or other factor by reference to which it (or that

 

part) is to be calculated.’

 

Secretary Theresa May

 

47

 

Clause  60,  page  47,  line  15,  leave out ‘The’ and insert ‘An’.


 
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