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Notices of Amendments: 28 January 2014                  

1637

 

Immigration Bill, continued

 
 

      (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).’.

 


 

Sarah Teather

 

Jeremy Corbyn

 

Caroline Lucas

 

John McDonnell

 

60

 

Schedule  1,  page  54,  line  13,  leave out paragraph (5).


 
 

Notices of Amendments: 28 January 2014                  

1638

 

Immigration Bill, continued

 
 

John McDonnell

 

Jeremy Corbyn

 

78

 

Parliamentary Star    

Schedule  1,  page  54,  line  13,  leave out paragraph 5.

 

Member’s explanatory statement

 

To maintain the status quo whereby immigration officers can use reasonable force only when ex­

 

ercising powers under the Immigration Act 1971 and the Immigration and Asylum Act 1999, rather

 

than, as per this paragraph in the exercise of all powers under any of the Immigration Acts.

 


 

Sarah Teather

 

Caroline Lucas

 

John McDonnell

 

72

 

Page  55,  line  33,  leave out Schedule 3.

 

Secretary Theresa May

 

17

 

Schedule  3,  page  56,  line  5,  after ‘Part’ insert ‘1 or’.

 

Secretary Theresa May

 

18

 

Schedule  3,  page  56,  line  6,  after ‘Ireland’ insert ‘—

 

(i)    

Chapter 4 of Part 2 of the Housing (Northern Ireland) Order 1981

 

(S.I. 1981/156 (N.I. 3)), or

 

(ii)    

’.

 

Secretary Theresa May

 

19

 

Schedule  3,  page  56,  leave out lines 11 to 21 and insert—

 

‘1A(1)  

This paragraph applies for the purposes of paragraph 1.

 

      (2)  

An 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)    

an 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).

 

      (3)  

An allocation of housing accommodation that falls within a case specified in,

 

or prescribed under, section 160 of the Housing Act 1996 (cases where

 

provisions about allocation under Part 6 of that Act do not apply) is to be

 

treated as an allocation of housing accommodation by virtue of Part 6 of that

 

Act (and accordingly that section is to be ignored).

 

      (4)  

An allocation of housing accommodation by virtue of Part 1 of the Housing

 

(Scotland) Act 1987 is to be treated as provided by virtue of a relevant

 

provision only if it is provided by a local authority within the meaning of that

 

Act (or in pursuance of arrangements made under or for the purposes of that

 

Part with a local authority).


 
 

Notices of Amendments: 28 January 2014                  

1639

 

Immigration Bill, continued

 
 

      (5)  

Accommodation provided to a person in Northern Ireland by a registered

 

housing association is to be treated as provided to the person by virtue of a

 

relevant provision.

 

      (6)  

Terms used in sub-paragraphs (2) and (3) have the same meanings as in Part 6

 

of the Housing Act 1996.

 

      (7)  

In sub-paragraph (5) “registered housing association” means a housing

 

association, within the meaning of Part 2 of the Housing (Northern Ireland)

 

Order 1992 (S.I. 1992/1725 (N.I. 15)), that is registered in the register of

 

housing associations maintained under Article 14 of that Order.’.

 

Secretary Theresa May

 

20

 

Schedule  3,  page  57,  line  22,  after ‘hostel’ insert ‘or refuge’.

 

Secretary Theresa May

 

21

 

Schedule  3,  page  57,  line  36,  at end insert—

 

      ‘()  

“Refuge” means a building which satisfies the second condition in sub-

 

paragraph (4) and is used wholly or mainly for providing accommodation to

 

persons who have been subject to any incident, or pattern of incidents, of—

 

(a)    

controlling, coercive or threatening behaviour,

 

(b)    

physical violence,

 

(c)    

abuse of any other description (whether physical or mental in nature),

 

or

 

(d)    

threats of any such violence or abuse.’.

 

Paul Blomfield

 

71

 

Schedule  3,  page  59,  line  4,  leave out from ‘building’ to end of line 26 and insert

 

‘between—

 

‘(a)    

a landlord, as defined in Clause 15(3); and

 

(b)    

one of the following—

 

(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 Student Visitor Visas for a period longer than six

 

months.’.

 

Secretary Theresa May

 

22

 

Schedule  3,  page  59,  line  44,  at end insert—

 

      ‘()  

“Building” includes a part of a building.’.

 


 

Secretary Theresa May

 

28

 

Schedule  4,  page  61,  leave out line 9.


 
 

Notices of Amendments: 28 January 2014                  

1640

 

Immigration Bill, continued

 
 

Secretary Theresa May

 

29

 

Schedule  4,  page  61,  leave out line 12.

 

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).


 
 

Notices of Amendments: 28 January 2014                  

1641

 

Immigration Bill, continued

 
 

Secretary Theresa May

 

33

 

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

 

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.’.


 
 

Notices of Amendments: 28 January 2014                  

1642

 

Immigration Bill, continued

 
 

Secretary Theresa May

 

38

 

Schedule  4,  page  74,  leave out lines 1 to 25 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 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


 
 

Notices of Amendments: 28 January 2014                  

1643

 

Immigration Bill, continued

 
 

(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).

 

(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).

 


 

Secretary Theresa May

 

8

 

Schedule  8,  page  100,  line  6,  at end insert—

 

‘          

In Schedule 2 (administrative provisions as to control on entry etc), in

 

paragraph 2A(9), for “(immigration and asylum appeals)” substitute “(appeals

 

in respect of protection and human rights claims)”.

 

            

In Schedule 3 (supplementary provisions as to deportation), in paragraph 3, for

 

the words from “of the kind” to “order)” substitute “that relates to a deportation

 

order”.’.


 
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