(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) In this section—

(a) 5a 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) “regulations” means regulations made by the Secretary of
10State 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
the registration authority refers a proposed civil partnership to the
15Secretary of State.

(2) In this Schedule—

• “2014 Act” means the Immigration Act 2014;

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

2 20No civil partnership schedule to be issued until decision about investigation etc

(1) The duty under section 14(1) to issue a civil partnership schedule
in respect of the proposed civil partnership does not apply unless
and until one of the following events occurs.

(2) Event 1 occurs if—

(a) 25the Secretary of State gives the registration authority or
authorities the section 43 notice, and

(b) that notice is of a decision not to investigate whether the
referred civil partnership is a sham.

(3) Event 2 occurs if—

(a) 30the relevant statutory period ends, and

(b) the Secretary of State has not given the registration
authority or authorities the section 43 notice.

(4) Event 3 occurs if—

(a) the Secretary of State gives the registration authority or
35authorities the section 43 notice,

(b) that notice is of a decision to investigate whether the
referred civil partnership is a sham,

(c) the Secretary of State gives the registration authority or
authorities the section 45 notice, and

(d) that notice is of a decision that both of the parties to the
referred civil partnership have complied with the
investigation.

(5) Event 4 occurs if—

(a) 5the 70 day period ends, and

(b) the Secretary of State has not given the registration
authority or authorities the section 45 notice.

(6) Event 5 occurs if the Secretary of State gives the registration
authority or authorities notice that the duty under section 14(1) is
10applicable.

(7) The Secretary of State may give a notice for that purpose only if—

(a) the Secretary of State has given the registration authority
or authorities the section 43 notice,

(b) that notice is of a decision to investigate whether the
15referred civil partnership is a sham,

(c) the Secretary of State has given the registration authority
or authorities the section 45 notice, and

(d) that notice is of a decision that one or both of the parties to
the referred civil partnership have not complied with the
20investigation.

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

(9) This paragraph is subject to paragraph 4.

(10) In this paragraph—

• 25“70 day period” has the same meaning as in section 45 of the
  2014 Act;

• “relevant statutory period” has the same meaning as in
  section 43 of the 2014 Act;

• “section 43 notice” means notice under section 43(8) of the
  302014 Act;

• “section 45 notice” means notice under section 45(7) of the
  2014 Act.

3 Civil partnership to be investigated: extension of waiting period to 70 days

(1) The modifications in this paragraph have effect if the Secretary of
35State 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) Section 11(b): the reference to the period of 28 days has effect as a
reference to the relevant 70 day period.

(3) 40But, 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) beginning the day after notice of the proposed civil
partnership is recorded in the register in accordance with
45section 8(5), and

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

4 Effect of shortening waiting period

(1) This paragraph applies if—

(a) 5the 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
partnership, and

(b) that notice is given at a time when the duty under section
1014(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
15the notice under section 12(5), subject to any other requirements
applicable to the issue of the schedule being met.

(3) But the requirements of paragraph 2 are not applicable in such a
case.

(4) The Secretary of State is not prevented from deciding to conduct,
20conducting, or continuing, an investigation if a schedule in respect
of the referred civil partnership is issued as mentioned in sub-
paragraph (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
25investigation.

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

30Civil 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) This section has effect subject to section 14A.”.

(2) After section 14 insert—

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

(1) 35A registration authority may refuse to issue a civil partnership
schedule under section 14(1) in a case where—

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

(b) a registration authority has reasonable grounds for
40suspecting that a relevant decision was made incorrectly
because of the provision of false information or evidence.

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

(4) 5In this section—

• “evidence” includes a photograph or other image;

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

• “relevant decision” means a decision of a registration authority
  that a party to the proposed civil partnership is an exempt
  10person.”.

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

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

(b) after subsection (2) insert—

“(3) In a case where—

(a) 15in reliance on section 14A, a registration authority
refuses to issue a civil partnership schedule, and

(b) on an appeal against the refusal, the Registrar General
directs that a civil partnership schedule be issued,

section 14A(2) is of no effect — and is to be taken to have
20never had any effect — in relation to the parties’ giving of
notice under section 8.”.

(4) In section 16 (frivolous objections and representations: liability for costs
etc)—

(a) in the title, after “representations” insert “and appeals”;

(b) 25after subsection (3) insert—

“(3A) If—

(a) in reliance on section 14A, a registration authority
refuses to issue a civil partnership schedule, and

(b) on an appeal against the refusal, the Registrar General
30declares that the appeal is frivolous,

the person making the appeal is liable for the costs of the
proceedings before the Registrar General.”;

(c) in subsection (4), for “such costs and damages” substitute “costs and
damages in accordance with subsection (3) or (3A)”.

35Relevant nationals

25 After section 30 insert—

“30A Relevant nationals

In this Chapter “relevant national” means—

(a) a British citizen,

(b) 40a national of an EEA State other than the United Kingdom, or

(c) a national of Switzerland.”.

Regulations and orders

26 (1) Section 36 (regulations and orders) is amended in accordance with this
paragraph.

(2) In subsection (3), after “6A” insert “9B, 9E(2), 12(7) or 12A”.

(3) 5In subsection (5), after “6A” insert “9B, 9E(2) or 12A”.

(4) In subsection (6), after “section” insert “9D or”.

Section 53

SCHEDULE 5 Information

Part 1 10Disclosure of information etc where proposed marriage or civil partnership
referred to Secretary of State

1 (1) This paragraph applies if—

(a) a superintendent registrar refers a proposed marriage to the
Secretary of State under section 28H of the Marriage Act 1949, or

(b) 15a registration authority refers a proposed civil partnership to the
Secretary of State under section 12A of the Civil Partnership Act
2004.

(2) The Secretary of State may—

(a) disclose relevant information to a registration official, or

(b) 20supply a document containing relevant information to a registration
official.

(3) In this paragraph “relevant information” means any of the following
information—

(a) the fact that the proposed marriage or civil partnership has been
25referred to the Secretary of State;

(b) the names of the parties to the proposed marriage or civil
partnership;

(c) in the case of a proposed marriage—

(i) any information included with the referral in accordance
30with regulations under section 28H of the Marriage Act 1949;

(ii) any address of a party to the proposed marriage notified to
the Secretary of State in accordance with such regulations or
regulations under section 28D of the Marriage Act 1949;

(d) in the case of a proposed civil partnership—

(i) 35any information included with the referral in accordance
with regulations under section 12A of the Civil Partnership
Act 2004;

(ii) any address of a party to the proposed civil partnership
notified to the Secretary of State in accordance with such
40regulations or regulations under section 9B of the Civil
Partnership Act 2004;

(e) details of any immigration enforcement action taken by the Secretary
of State in respect of a party to the proposed marriage or civil
partnership (including any action taken after solemnization of the
marriage or formation of the civil partnership);

(f) 5details of any immigration decision taken wholly or partly by
reference to the marriage or civil partnership (whether while it was
proposed or after it was solemnized or formed).

Part 2 Disclosure of information etc for immigration purposes etc

10Disclosures by registration officials

2 (1) A registration official may—

(a) disclose any information held by the registration official, or

(b) supply any document held by the registration official,

to the Secretary of State, or to another registration official, for use for either
15of the following purposes.

(2) Those purposes are—

(a) immigration purposes;

(b) purposes connected with the exercise of functions relating to—

(i) the referral of proposed marriages to the Secretary of State
20under section 28H of the Marriage Act 1949, or

(ii) the referral of proposed civil partnerships to the Secretary of
State under section 12A of the Civil Partnership Act 2004.

(3) In this paragraph “immigration purposes” means—

(a) the administration of immigration control under the Immigration
25Acts;

(b) the prevention, detection, investigation or prosecution of criminal
offences relating to immigration;

(c) the imposition of penalties or charges under Part 3 of the
Immigration and Asylum Act 1999;

(d) 30the provision of support for asylum-seekers and their dependants
under Part 6 of that Act;

(e) such other purposes as may be specified by the Secretary of State by
order.

3 (1) A registration official may disclose to another registration official—

(a) 35the fact that a suspicion about a marriage or civil partnership has
been reported to the Secretary of State under section 24 or 24A of the
Immigration and Asylum Act 1999, and

(b) the content of any such report,

(whether or not the suspicion was reported by the registration official
40making the disclosure).

(2) In this paragraph “registration official” does not include the Registrar
General.

Disclosures by the Secretary of State

4 (1) The Secretary of State may—

(a) disclose any information held by the Secretary of State, or

(b) supply any document held by the Secretary of State,

to a registration official for use for verification purposes.

(2) In this paragraph “verification purposes” means—

(a) 5assisting in the verification of information provided to a relevant
official by a person giving—

(i) notice of marriage under section 27 of the Marriage Act 1949,
or

(ii) notice under section 8 of the Civil Partnership Act 2004;

(b) 10assisting in the verification of the immigration status of a person who
contacts a relevant official in connection with the exercise of a
function by a registration official;

(c) assisting in the verification of whether a person who contacts a
relevant official in connection with the exercise of a function by a
15registration official—

(i) is suspected of involvement in crime relating to immigration,
or

(ii) has been convicted of an offence relating to immigration.

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

(a) 20a registration official, or

(b) any other person employed to assist the exercise of functions by
registration officials.

Part 3 Disclosure of information etc for prevention of crime etc

5 (1) 25A registration official may—

(a) disclose any information held by the registration official, or

(b) supply any document held by the registration official,

to an eligible person, or to another registration official in England and
Wales, for use for crime-fighting purposes.

(2) 30Information is disclosed, or a document is supplied, for use for crime-
fighting purposes if condition A and condition B are met.

(3) Condition A is met if the registration official disclosing the information or
supplying the document has reasonable grounds for suspecting that a
criminal offence has been, is being, or is going to be committed.

(4) 35Condition B is met if the registration official discloses the information or
supplies the document for use for one or both of these purposes—

(a) assisting in the verification of information supplied to that or any
other registration official;

(b) assisting in the prevention, detection, investigation or prosecution of
40a criminal offence.

(5) In this section “eligible person” means—

(a) the Secretary of State;

(b) the Commissioners for Her Majesty’s Revenue and Customs;

(c) a member of a police force operating in England and Wales or any
45part of it;

(d) a county council, a district council or a county borough council;

(e) the Greater London Authority, a London borough council or the
Common Council of the City of London.

Part 4 5General provisions

Limitations on powers

6 This Schedule does not authorise—

(a) a disclosure, in contravention of any provisions of the Data
Protection Act 1998, of personal data which are not exempt from
10those provisions, or

(b) a disclosure which is prohibited by Part 1 of the Regulation of
Investigatory Powers Act 2000.

No breach of confidentiality etc

7 A disclosure of information which is authorised by this Schedule does not
15breach—

(a) an obligation of confidence owed by the person making the
disclosure, or

(b) any other restriction on the disclosure of information (however
imposed).

20Retention, copying and disposal of documents

8 A person to whom a document is supplied under any provision of this
Schedule may—

(a) retain the document;

(b) copy the document;

(c) 25dispose of the document in such manner as the person thinks
appropriate.

Saving for existing powers

9 This Schedule does not limit any other power under which—

(a) information may be disclosed, or

(b) 30documents may be supplied.

Meaning of “registration official”

10 A “registration official” is any of the following—

(a) the Registrar General;

(b) a superintendent registrar;

(c) 35a registrar;

(d) a registration authority or a person exercising the functions of a
registration authority;

(e) a civil partnership registrar (within the meaning of Chapter 1 of Part
2 of the Civil Partnership Act 2004 — see section 29 of that Act).

Section 57

SCHEDULE 6 Immigration advisers and immigration service providers

Introductory

1 Part 5 of the Immigration and Asylum Act 1999 (which makes provision for
5the regulation of immigration advisers and immigration service providers)
is amended in accordance with this Schedule.

Removal of Commissioner’s power of exemption from registration

2 (1) In section 84(4) (persons exempt from prohibition on provision of
immigration advice and services by unqualified persons)—

(a) 10omit paragraphs (a), (b) and (c) (and the word “or” which follows
paragraph (c));

(b) in paragraph (d) omit “who”.

(2) Omit the following provisions—

(a) section 84(5) and (7);

(b) 15section 85(2);

(c) section 87(3)(b);

(d) section 88(2)(c);

(e) section 89(4);

(f) paragraph 6(3)(b) and 9(1)(d) of Schedule 5;

(g) 20paragraph 6(3)(a) of Schedule 6.

Waiver of fees for registration

3 (1) Paragraph 5 of Schedule 6 (fees for registration) is amended as follows.

(2) In sub-paragraph (1)—

(a) after “order” insert “(a)”;

(b) 25at the end insert—

“(b) make provision for, and in connection with,
requiring or authorising the Commissioner to
waive all or part of the specified fee in particular
cases.”

(3) 30In sub-paragraph (2) at the end insert “(but this is subject to any waiver in
accordance with provision under sub-paragraph (1)(b))”.

Cancellation of registration by Commissioner

4 (1) In section 87(3) (decisions of Commissioner which may be appealed to First-
tier Tribunal) after paragraph (ea) insert—

“(eb) 35to cancel a registration under paragraph 4A(e) of that
Schedule.”

(2) In paragraph 9 of Schedule 5 (powers of Commissioner on determining a
complaint)—

(a) omit sub-paragraph (1)(b);

(b) 40after sub-paragraph (1A) (inserted by paragraph 7(4) of this

Schedule) insert—

“(1B) Sub-paragraph (1)(a) is subject to paragraph 4A(e) of
Schedule 6 (duty of Commissioner to cancel registration of
a person who is no longer competent or is otherwise
5unfit).”

(3) In paragraph 3 of Schedule 6 (applications for continued registration)—

(a) omit sub-paragraph (5);

(b) in sub-paragraph (6) for “Otherwise,” substitute “Unless the
Commissioner is required by paragraph 4A to cancel the applicant’s
10registration”;

(c) in sub-paragraph (7)(a) omit “or by a direction given by the First-tier
Tribunal under section 89(2)(b)”.

(4) In Schedule 6 (registration) after paragraph 4 insert—

“Further provision for the cancellation of registration

4A 15The Commissioner must cancel a person’s registration if—

(a) the person asks for it to be cancelled;

(b) the person dies (in a case where the person is an
individual) or is dissolved or wound up (in any other case);

(c) the person is convicted of an offence under section 25 or
2026(1)(d) or (g) of the 1971 Act;

(d) under section 89(2A)(b) the First-tier Tribunal directs the
Commissioner to cancel the person’s registration; or

(e) the Commissioner considers that the person is no longer
competent or is otherwise unfit to provide immigration
25advice or immigration services.”

Suspension of registration

5 (1) In section 84(3) (limitations on effect of registration)—

(a) after “subject to” insert “(a)”;

(b) at the end insert—

“(b) 30paragraph 4B(5) of that Schedule (effect of suspension
of registration).”

(2) In section 87(4) (further functions of First-tier Tribunal)—

(a) for “a further function” substitute “further functions”;

(b) at the end insert “and paragraph 4B of Schedule 6 (suspension of
35registration by First-tier Tribunal)”.

(3) After paragraph 4A of Schedule 6 (inserted by paragraph 4(4) of this
Schedule) insert—

“Suspension of registration

4B (1) The First-tier Tribunal may, on an application made to it by the
40Commissioner, suspend a person’s registration if the person is for
the time being charged with—

(a) an offence involving dishonesty or deception;

(b) an indictable offence; or