Immigration Bill (HC Bill 128)

(ii) enabling a party to the civil partnership to obtain a right
conferred by that law or those rules to reside in the
United Kingdom.

(5A) In subsection (5)—

• 5“relevant national” means—

  (a)

  a British citizen,

  (b)

  a national of an EEA state other than the United
  Kingdom, or

  (c)

  a national of Switzerland;

• 10“United Kingdom immigration law” includes any subordinate
  legislation concerning the right of relevant nationals to move
  between and reside in member States.”.

50 Duty to report suspicious marriages and civil partnerships

(1) The Immigration and Asylum Act 1999 is amended in accordance with this
15section.

(2) In section 24 (duty to report suspicious marriages), in subsection (1)—

(a) after paragraph (a) insert—

“(aa) a superintendent registrar, or registrar of births, deaths
and marriages, who receives information in advance of
20a person giving such a notice,”;

(b) at the end of paragraph (c), omit “or”;

(c) after paragraph (c) insert—

“(ca) a district registrar who receives information in advance
of a person submitting such a notice or certificate,”;

(d) 25after paragraph (d) insert “or

(da) a registrar or deputy registrar who receives information
in advance of a person giving such a notice,”.

(3) In section 24A (duty to report suspicious civil partnerships), in subsection (1)—

(a) after paragraph (a) insert—

“(aa) 30a registration authority that receives information in
advance of a person giving such a notice,”;

(b) at the end of paragraph (c), omit “or”;

(c) after paragraph (c) insert—

“(ca) a district registrar who receives information in advance
35of a person giving such a notice,”;

(d) after paragraph (d) insert “or

(da) a registrar who receives information in advance of a
person giving such a notice,”.

CHAPTER 3 Other provisions

Persons not relevant nationals etc: marriage on superintendent registrar’s certificates

51 Solemnization of marriage according to rites of Church of England

(1) The Marriage Act 1949 is amended in accordance with this section.

(2) 5In section 5 (methods of authorising marriages)—

(a) at the beginning insert—

“(1)”;

(b) in the words after paragraph (d), for “except that paragraph (a)”
substitute—

“(2) 10Subsection (1)(a)”;

(c) at the end insert—

“(3) In a case where one or both of the persons whose marriage is to
be solemnized is not a relevant national—

(a) subsection (1)(a) shall not apply unless the banns are
15published in accordance with section 14 (whether or not
the banns are also published otherwise);

(b) subsection (1)(c) shall not apply.”.

(3) In section 8 (notice to clergy before publication of banns)—

(a) at the beginning insert—

“(1)”;

(b) for “delivered to him a notice” substitute “delivered to him—

(a) a notice”;

(c) at the end insert “, and

(b) specified evidence that both of the persons are relevant
25nationals.

(2) In this section “specified evidence” means evidence that is in
accordance with regulations made under section 28G.”.

(4) In section 16 (provisions as to common licences), before subsection (2) insert—

“(1C) A common licence shall not be granted unless the persons to be married
30deliver to the person granting the licence specified evidence that both
of the persons are relevant nationals.

(1D) For that purpose “specified evidence” means evidence that is in
accordance with regulations made under section 28G.”.

52 Requirement as to giving of notice of marriage or civil partnership

(1) 35Section 19 of the Asylum and Immigration (Treatment of Claimants, etc) Act
2004 (procedure for marriage in England and Wales) is amended in accordance
with subsections (2) and (3).

(2) For subsection (1) substitute—

“(1) This section applies to a marriage that is to be solemnised on the
authority of certificates issued by a superintendent registrar under Part
3 of the Marriage Act 1949 (the “1949 Act”) unless each party to the
5marriage falls within exception A or exception B.

(1A) A party to the marriage falls within exception A if the person is a
relevant national.

(1B) A party to the marriage falls within exception B if—

(a) the person is exempt from immigration control, and

(b) 10the notice of marriage is accompanied by the specified evidence
required by section 28C(2) of the 1949 Act that the person is
exempt from immigration control.”.

(3) For subsection (4) substitute—

“(4) In this section—

(a) 15a reference to a person being a relevant national, or being
exempt from immigration control, has the same meaning as in
section 44 of the Immigration Act 2014;

(b) “notice of marriage” means a notice of marriage given under
section 27 of the 1949 Act.”.

(4) 20Schedule 23 to the Civil Partnership Act 2004 (immigration control and
formation of civil partnerships) is amended in accordance with subsections (5)
to (7).

(5) Before paragraph 1 insert—

“A1 (1) Part 2 of this Schedule applies to a civil partnership that is to be
25formed in England and Wales by signing a civil partnership schedule
unless each party to the civil partnership falls within exception A or
exception B.

(2) A party to the civil partnership falls within exception A if the person
is a relevant national.

(3) 30A party to the civil partnership falls within exception B if—

(a) the person is exempt from immigration control, and

(b) the notice of civil partnership is accompanied by the specified
evidence required by section 9A(2) that the person is exempt
from immigration control.

(4) 35In this paragraph, a reference to a person being a relevant national,
or being exempt from immigration control, has the same meaning as
in section 44 of the Immigration Act 2014.”.

(6) In paragraph 1(1), for the words before paragraph (a) substitute—

“1 (1) Part 3 or 4 of this Schedule applies if—”.

(7) 40For paragraph 3 substitute—

“3 This paragraph of this Schedule applies as mentioned in paragraph
A1.”.

Information

53 Information

Schedule 5 (information) has effect.

Miscellaneous

54 5Regulations about evidence

(1) The Secretary of State may make regulations about evidence relevant to the
determination of any of the following questions for a purpose of this Part—

(a) whether a person is a relevant national;

(b) whether a person has the appropriate immigration status;

(c) 10whether a person has a relevant visa.

(2) The regulations 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) 15the 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,
20a particular decision is made or is to be treated as having been made);

(h) the retention or copying of evidence supplied.

(3) The Secretary of State must consult the Registrar General before making
regulations under this section.

(4) In this section “evidence” includes a photograph or other image.

55 25Notices

(1) The Secretary of State may, by regulations, make provision about the giving
of—

(a) notices under any provision of this Part;

(b) notices relating to the referral of proposed marriages under section 28H
30of the Marriage Act 1949 which are given under any provision of that
Act;

(c) notices relating to the referral of proposed civil partnerships under
section 12A of the Civil Partnership Act 2004 which are given under
any provision of that Act.

(2) 35The regulations may, in particular, make provision that a notice given in
accordance with the regulations is to be presumed to have been received by the
person to whom it is given.

(3) The Secretary of State must consult the Registrar General before making
regulations under this section.

56 Interpretation of this Part

(1) These expressions have the meanings given—

• “exempt person” has the meaning given in section 44;

• “registrar” means a registrar of births, deaths and marriages;

• 5“Registrar General” means the Registrar General for England and Wales;

• “registration authority” has the same meaning as in the Civil Partnership
  Act 2004 (see section 28 of that Act);

• “relevant national” means—

  (a)

  a British citizen,

  (b)

  10a national of an EEA State other than the United Kingdom, or

  (c)

  a national of Switzerland;

• “relevant statutory period” means—

  (a)

  in relation to a proposed marriage, the period—

  (i)

  beginning the day after notice of the proposed marriage
  15is entered in the marriage book in accordance with Part
  3 of the Marriage Act 1949, or is entered in an approved
  electronic form by virtue of section 27(4A) of that Act,
  and

  (ii)

  ending at the end of the period of 28 days beginning
  20with that day;

  (b)

  in relation to a proposed civil partnership, the period—

  (i)

  beginning the day after notice of the proposed civil
  partnership is recorded in the register in accordance
  with Chapter 1 of Part 2 of the Civil Partnership Act
  252004, and

  (ii)

  ending at the end of the period of 28 days beginning
  with that day;

• “section 43 notice” means a notice given under section 43(7) or (8);

• “superintendent registrar” means a superintendent registrar of births,
  30deaths and marriages.

(2) A reference to a person being a party to a proposed marriage or civil
partnership is a reference to a person who would be a party to the marriage or
civil partnership if it took place as proposed.

(3) A reference to a proposed marriage or civil partnership being a sham is a
35reference to a marriage or civil partnership which would (if it took place as
proposed) be a sham marriage or sham civil partnership (within the meaning
of the Immigration and Asylum Act 1999 — see section 24 or 24A of that Act).

(4) For provision about the interpretation of the following expressions, see section
44—

(a) 40the appropriate immigration status;

(b) a relevant visa.

(5) This section, and the provision mentioned in subsection (4), apply for the
purposes of this Part.

Part 5 Oversight

Office of the Immigration Services Commissioner

57 Immigration advisers and immigration service providers

5Schedule 6 (immigration advisers and immigration service providers) has
effect.

Police Ombudsman for Northern Ireland

58 Police Ombudsman for Northern Ireland

After section 60ZA of the Police (Northern Ireland) Act 1998 insert—

“60ZB 10 Immigration and customs enforcement functions

(1) The Ombudsman and the Secretary of State may enter into an
agreement to establish, in relation to the exercise of specified
enforcement functions by relevant officials, procedures which
correspond to or are similar to any of those established by virtue of this
15Part.

(2) Where no such procedures are in force in relation to a particular kind
of relevant official, the Secretary of State may by order establish such
procedures in relation to the exercise of specified enforcement
functions by that kind of relevant official.

(3) 20“Relevant officials” means—

(a) immigration officers and other officials of the Secretary of State
exercising functions relating to immigration or asylum;

(b) designated customs officials, and officials of the Secretary of
State, exercising customs functions (within the meaning of Part
251 of the Borders, Citizenship and Immigration Act 2009);

(c) the Director of Border Revenue exercising customs revenue
functions (within the meaning of that Part of that Act), and
persons exercising such functions of the Director;

(d) persons providing services pursuant to arrangements relating
30to the discharge of a function within paragraph (a), (b), or (c).

(4) “Enforcement functions” includes, in particular—

(a) powers of entry,

(b) powers to search persons or property,

(c) powers to seize or detain property,

(d) 35powers to arrest persons,

(e) powers to detain persons, and

(f) powers to examine persons or otherwise to obtain information
(including powers to take fingerprints or to acquire other
personal data).

(5) 40“Specified” means specified in an agreement under subsection (1) or an
order under subsection (2).

(6) “Immigration officer” means a person appointed under paragraph 1(1)
of Schedule 2 to the Immigration Act 1971.

60ZC Section 60ZB: supplementary

(1) An agreement under section 60ZB may at any time be varied or
5terminated—

(a) by the Secretary of State, or

(b) by the Ombudsman, with the consent of the Secretary of State.

(2) Before making an order under section 60ZB the Secretary of State must
consult the Ombudsman and such persons as the Secretary of State
10thinks appropriate.

(3) An agreement or order under section 60ZB may provide for payment
by the Secretary of State to or in respect of the Ombudsman.

(4) An agreement or order under section 60ZB must relate only to the
exercise of enforcement functions—

(a) 15wholly in Northern Ireland, or

(b) partly in Northern Ireland and partly in another part of the
United Kingdom.

(5) An agreement or order under section 60ZB must relate only to the
exercise of enforcement functions on or after the day on which the
20agreement or order is made.

(6) An agreement or order under section 60ZB must not provide for
procedures in relation to so much of any complaint or matter as relates
to functions conferred by or under Part 8 of the Immigration and
Asylum Act 1999 (detained persons & removal centres etc.).”

25Part 6 Miscellaneous

Embarkation checks

59 Embarkation checks

Schedule 7 (embarkation checks) has effect.

30Fees

60 Fees

(1) The Secretary of State may provide, in accordance with this section, for fees to
be charged in respect of the exercise of functions in connection with
immigration or nationality.

(2) 35The functions in respect of which fees are to be charged are to be specified by
the Secretary of State by order (“a fees order”).

(3) For any specified function, a fees order must specify—

(a) whether the fee is to be—

(i) a fixed amount, or

(ii) calculated by reference to an hourly rate or other factor of a kind
specified in the order,

(b) in a case within paragraph (a)(i), a maximum amount, and

(c) in a case within paragraph (a)(ii)—

(i) 5how the fee is to be calculated, and

(ii) a maximum rate or other factor.

(4) For any specified function, a fees order may specify a minimum amount, or
minimum rate or other factor.

(5) The amount of the fee in respect of any function specified in a fees order, or the
10rate or other factor by reference to which it is to be calculated, is to be set by the
Secretary of State by regulations (“fees regulations”).

(6) A fees order may not provide for a fee to be charged in respect of the exercise
of a function otherwise than in connection with an application or claim, or on
request.

(7) 15The amount, or rate or other factor, set by fees regulations in respect of a
specified function—

(a) must not—

(i) exceed the maximum specified for the function;

(ii) be less than the minimum, if any, specified for the function;

(b) 20subject to that, may be intended to exceed, or result in a fee which
exceeds, the costs of exercising the function.

(8) In setting the amount of any fee, or rate or other factor, in fees regulations, the
Secretary of State may have regard only to—

(a) the costs of exercising the function;

(b) 25benefits that the Secretary of State thinks are likely to accrue to any
person in connection with the exercise of the function;

(c) the costs of exercising any other function in connection with
immigration or nationality;

(d) the promotion of economic growth;

(e) 30fees charged by or on behalf of governments of other countries in
respect of comparable functions;

(f) any international agreement.

(9) In respect of any fee provided for under this section, fees regulations may—

(a) provide for exceptions;

(b) 35provide for the reduction, waiver or refund of part or all of a fee
(whether by conferring a discretion or otherwise);

(c) make provision about—

(i) the consequences of failure to pay a fee;

(ii) enforcement;

(iii) 40when a fee may or must be paid.

(10) Any provision that may be made by fees regulations by virtue of subsection (9)
may be included instead in a fees order (and any provision so included may be
amended or revoked by fees regulations).

(11) In this section—

• 45“costs” includes—

  (a)

  the costs of the Secretary of State, and

  Immigration BillPage 48

  (b)

  the costs of any other person (whether or not funded from
  public money);

• “fees order” has the meaning given by subsection (2);

• “fees regulations” has the meaning given by subsection (5);

• 5“function” includes a power or a duty;

• “function in connection with immigration or nationality” includes a
  function in connection with an enactment (including an enactment of a
  jurisdiction outside the United Kingdom) that relates wholly or partly
  to immigration or nationality;

• 10“specified” means specified in a fees order.

(12) Any reference in this section to the exercise of a function includes a reference
to its exercise in particular circumstances, including its exercise—

(a) at particular times or in a particular place;

(b) under particular arrangements;

(c) 15otherwise in particular ways,

and, for this purpose, “arrangements” includes arrangements for the
convenience of applicants, claimants or persons making requests for the
exercise of a function.

61 Fees orders and fees regulations: supplemental

(1) 20A fees order or fees regulations may be made only with the consent of the
Treasury.

(2) A fee under section 60 may relate to something done outside the United
Kingdom.

(3) Fees payable by virtue of section 60 may be recovered as a debt due to the
25Secretary of State.

(4) Fees paid to the Secretary of State by virtue of section 60 must—

(a) be paid into the Consolidated Fund, or

(b) be applied in such other way as the relevant order may specify.

(5) Section 60 is without prejudice to—

(a) 30section 1 of the Consular Fees Act 1980 (fees for consular acts etc);

(b) section 102 of the Finance (No. 2) Act 1987 (government fees and
charges), or

(c) any other power to charge a fee.

Part 7 35Final provisions

62 Financial provision

The following are to be paid out of money provided by Parliament—

(a) expenditure incurred under or by virtue of this Act by the Secretary of
State, and

(b) 40any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

63 Transitional and consequential provision

(1) The Secretary of State may, by order, make such transitional, transitory or
saving provision as the Secretary of State considers appropriate in connection
with the coming into force of any provision of this Act.

(2) 5The Secretary of State may, by order, make such provision as the Secretary of
State considers appropriate in consequence of this Act.

(3) The provision that may be made by an order under subsection (2) includes
provision amending, repealing or revoking any enactment.

(4) “Enactment” includes—

(a) 10an enactment contained in subordinate legislation within the meaning
of the Interpretation Act 1978;

(b) an enactment contained in, or in an instrument made under, an Act of
the Scottish Parliament;

(c) an enactment contained in, or in an instrument made under, a Measure
15or Act of the National Assembly for Wales;

(d) an enactment contained in, or in an instrument made under, Northern
Ireland legislation.

(5) In section 61(2) of the UK Borders Act 2007 (definition of “the Immigration
Acts”)—

(a) 20at the end of paragraph (h), omit “and”;

(b) at the end of paragraph (i) insert “, and

(j) the Immigration Act 2014.”.

(6) Schedule 8 (transitional and consequential provision) has effect.

64 Orders and regulations

(1) 25Any power of the Secretary of State or Treasury to make an order or
regulations under this Act is exercisable by statutory instrument.

(2) A statutory instrument containing any of the following orders or regulations
may not be made unless a draft of the instrument has been laid before each
House of Parliament and approved by a resolution of each House of
30Parliament—

(a) an order under section 15(7), 18(6) or 20(5);

(b) an order under section 33;

(c) regulations under section 36 or an order under section 38;

(d) an order under section 48;

(e) 35a fees order (within the meaning of section 60);

(f) an order under section 63(2) which amends or repeals primary
legislation.

(3) “Primary legislation” means any of the following—

(a) a public general Act;

(b) 40an Act of the Scottish Parliament;

(c) a Measure or Act of the National Assembly for Wales;

(d) Northern Ireland legislation.