Session 2013 - 14
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Other Bills before Parliament


 
 

Consideration of Bill: 30 January 2014                  

1677

 

Immigration Bill, continued

 
 

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)’.

 


 

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.’.


 
 

Consideration of Bill: 30 January 2014                  

1678

 

Immigration Bill, continued

 
 

Jeremy Corbyn

 

John McDonnell

 

Caroline Lucas

 

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.

 

John McDonnell

 

Jeremy Corbyn

 

95

 

Parliamentary Star    

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

 

‘( )    

Sections 15 to 32 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

 

2012 in respect of civil legal services in connection with applications under the

 

Housing Act 1996 and the Homelessness Act 2002 comes into effect.’.

 


 

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.


 
 

Consideration of Bill: 30 January 2014                  

1679

 

Immigration Bill, continued

 
 

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;

 

(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).


 
 

Consideration of Bill: 30 January 2014                  

1680

 

Immigration Bill, continued

 
 

      (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.

 

      (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.


 
 

Consideration of Bill: 30 January 2014                  

1681

 

Immigration Bill, continued

 
 

      (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

 

Dr Julian Huppert

 

60

 

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

 


 

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).


 
 

Consideration of Bill: 30 January 2014                  

1682

 

Immigration Bill, continued

 
 

      (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).

 

      (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.’.


 
 

Consideration of Bill: 30 January 2014                  

1683

 

Immigration Bill, continued

 
 

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.

 

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

 

 
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Revised 30 January 2014