House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Notices of Amendments: 28 January 2014
1630

Immigration Bill, continued

(e)
either—

(i)
an applicant for a Tier 4 visa holding a certificate of acceptance

of studies issued by an authority-funded educational institution;

or

(ii)
an applicant for a student visitor visa for a period longer than six

months;

(f)
a person who is resident outside the UK and is studying English in the

UK who is accommodated in Homestay accommodation;

(g)
’.

Member’s explanatory statement

To provide that there will be no prohibition upon renting to persons in the categories specified. To

highlight omissions from Clause 15 and Schedule 3.

Jeremy Corbyn

John McDonnell

82


Clause  28,  page  24,  line  44,  at end insert—

‘(7)
The Secretary of State shall take all reasonable steps to bring the code of practice,

and any subsequent revisions of the code of practice to the attention of all

landlords and all persons likely to act as landlords’ agents.’.

John McDonnell

Jeremy Corbyn

85


Page  27,  line  10,  leave out Clause 33.

Paul Blomfield

Dr Julian Huppert

68

Clause  33,  page  27,  line  30,  after ‘charge’, insert ‘including but not limited to—

‘(i)
applicants for a Tier 4 visa holding a certificate of acceptance of studies

issued by an authority-funded educational institution; and

(ii)
applicants for Student Visitor Visas for a period longer than six months.’.

Paul Blomfield

Dr Julian Huppert

69

Clause  33,  page  27,  line  30,  after ‘charge’, insert ‘including but not limited to

applicants for a Tier 1, 2 or 5 visa sponsored by an institution which has been granted

degree awarding powers by a Royal Charter, Act or Parliament.’.

John McDonnell

Jeremy Corbyn

87


Clause  33,  page  27,  line  32,  at end insert—

‘(g)
provide for a waiver from this charge for all services provided as sexual

assault services through sexual assault referral centres, whether or not an

Notices of Amendments: 28 January 2014
1631

Immigration Bill, continued

individual reports a sexual assault to the police or other third party

service.’.

Paul Blomfield

Dr Julian Huppert

70

Clause  33,  page  27,  line  41,  at the beginning insert ‘“authority-funded” has the

meaning given by regulation 4(a) of the Education (Student Support and European

University Institute) (Amendment) Regulations 2013.’.

John McDonnell

Jeremy Corbyn

86


Page  28,  line  6,  leave out Clause 34.

Stephen Barclay

76


Clause  35,  page  25,  line  21,  after ‘open’ insert ‘or maintain’.

Member’s explanatory statement

The Bill only applies to new current accounts where the individual is known to be in the UK ille

gally, yet an individual known to be in the UK illegally would be able to continue both using their

current account and accessing other financial products. This amendment seeks to bring consisten

cy to the Government’s provisions in this area.

John McDonnell

Jeremy Corbyn

88


Page  30,  line  28,  leave out Clause 38.

Secretary Theresa May

77


Clause  38,  page  30,  line  35,  at end insert—

‘( )
to provide for the prohibition in section 35(1) not to apply in the case of

an account to be operated (or an account that is operated) by or for a

person or body of a specified description.

( )
An order under subsection (1) may amend a section so that it provides for a matter

to be specified in a further order to be made by the Treasury.’.

Secretary Theresa May

23

Clause  52,  page  42,  line  22,  leave out ‘(7)’ and insert ‘(9)’.

Notices of Amendments: 28 January 2014
1632

Immigration Bill, continued

Secretary Theresa May

24

Clause  52,  page  42,  line  38,  leave out subsection (6) and insert—

‘( )
For paragraph 1(1) substitute—

“1(1A)
Part 3 of this Schedule applies if—

(a)
two people wish to register in Scotland as civil partners of

each other, and

(b)
one of them is subject to immigration control.

    (1B)
Part 4 of this Schedule applies if—

(a)
two people wish to register in Northern Ireland as civil

partners of each other, and

(b)
one of them is subject to immigration control.”.’.

Secretary Theresa May

25

Clause  52,  page  42,  line  41,  leave out first ‘paragraph’ and insert ‘Part’.

Secretary Theresa May

26

Clause  52,  page  42,  line  42,  at end insert—

‘(8)
For paragraph 8 substitute—

“8
This Part of this Schedule applies as mentioned in paragraph 1(1A).”.

(9)
For paragraph 12 substitute—

“12
This Part of this Schedule applies as mentioned in paragraph 1(1B).”.’.

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—

Notices of Amendments: 28 January 2014
1633

Immigration Bill, continued

(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’.

Secretary Theresa May

48

Clause  60,  page  47,  line  15,  leave out ‘in respect’ and insert ‘for a fee in respect of

the exercise’.

Secretary Theresa May

49

Clause  60,  page  47,  line  18,  leave out ‘the function’ and insert ‘that amount, or rate

or other factor’.

Secretary Theresa May

50

Clause  60,  page  47,  line  19,  leave out ‘specified for the function’ and insert ‘so

specified’.

Secretary Theresa May

51

Clause  60,  page  47,  line  32,  at end insert—

‘
This is subject to section 61(5).’.

Secretary Theresa May

52

Clause  60,  page  47,  line  44,  after ‘section’ insert ‘and sections 61 and (Power to

charge fees for attendance services in particular cases)’.

Secretary Theresa May

53

Clause  60,  page  48,  line  11,  after ‘section’ insert ‘or section (Power to charge fees

for attendance services in particular cases)’.

Notices of Amendments: 28 January 2014
1634

Immigration Bill, continued

Sarah Teather

Jeremy Corbyn

Caroline Lucas

John McDonnell

64

Clause  64,  page  49,  line  31,  leave out paragraph (a).

Secretary Theresa May

27

Clause  64,  page  49,  line  34,  at end insert ‘or (Supplementary provision)(4)’.

Sarah Teather

Jeremy Corbyn

Caroline Lucas

John McDonnell

65

Clause  64,  page  50,  line  5,  leave out ‘30(3)’.

Sarah Teather

Jeremy Corbyn

Caroline Lucas

John McDonnell

66

Clause  64,  page  50,  line  6,  leave out subsections (6) and (7).

Sarah Teather

Jeremy Corbyn

Caroline Lucas

John McDonnell

61

Clause  65,  page  50,  line  27,  at end insert—

‘( )
Section 1 and Part II of this Act shall come into force on a day to be appointed,

being no earlier than the day on which an order made by the Lord Chancellor

under section 9(2)(a) of the Legal Aid, Sentencing and Punishment of Offenders

Act 2013 in respect of civil legal services in connection with removal under

section 1 and appeals under Part II comes into effect.’.

Jeremy Corbyn

John McDonnell

83


Clause  65,  page  50,  line  27,  at end insert—

‘( )
Sections 15 to 27 shall not come into force until a Code of Practice has been

issued under Section 28, in accordance with the provisions of that Section.’.

Member’s explanatory statement

To require that before any of the provisions in the chapter on residential tenancies come into force,

the Code of Practice on discrimination must have been issued.

Notices of Amendments: 28 January 2014
1635

Immigration Bill, continued

Pete Wishart

75


Clause  66,  page  50,  line  37,  at end insert—

‘(4)
Sections 17, 33 and 34 extend to England and Wales and Northern Ireland only.’.

New Schedule

Secretary Theresa May

NS1

To move the following Schedule:—

‘Sham marriage and civil partnership: administrative regulations

Introduction

1    (1)
This Schedule sets out the kinds of regulations which may be made by the

Secretary of State under section (Supplementary provision)(2).

      (2)
In this Schedule—

“extension order” has the meaning given in section (Supplementary

provision)(1);

“proposed Scottish or Northern Ireland marriage or civil partnership” means

a proposed marriage or civil partnership under the law of Scotland or

Northern Ireland.

Notices

2    (1)
The Secretary of State may make regulations which make provision about the

giving of relevant notices.

      (2)
Regulations under this paragraph may, in particular, provide that a relevant

notice given in accordance with the regulations is to be presumed to have been

received by the person to whom it is given.

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

(a)
a notice, under any provision of the referral and investigation scheme,

which relates to a proposed Scottish or Northern Ireland marriage or

civil partnership, and

(b)
any other notice relating to the referral of a proposed Scottish or

Northern Ireland marriage or civil partnership to the Secretary of State

for the purposes of the referral and investigation scheme,


(whether or not the notice falls to be given by virtue of provision made by an

extension order).

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;

Notices of Amendments: 28 January 2014
1636

Immigration Bill, continued

(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);

“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.



© Parliamentary copyright	Revised 29 January 2014