Immigration Bill (HC Bill 128)

(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,
conducting, or continuing, an investigation if a certificate in
5respect of the referred marriage 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, to conduct, or to continue,
an investigation.

(6) 10In 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 marriage is a
sham.”.

Notice period

10 (1) 15Section 31 (marriage under certificate without licence) is amended in
accordance with this paragraph.

(2) In section 31—

(a) for “15 successive days” (in each place) substitute “28 successive
days”;

(b) 20for “15 days” (in each place) substitute “28 days”;

(c) for “15 day period” (in each place) substitute “28 day period”.

(3) After subsection (5E) insert—

“(5EA) If a proposed marriage is referred to the Secretary of State under
section 28H—

(a) 25any application under subsection (5A) is to be made to the
Secretary of State; and

(b) the power conferred by subsection (5A) is exercisable by the
Secretary of State;

and the reference to the Registrar General in subsection (5C)
30accordingly has effect as a reference to the Secretary of State.

(5EB) If the Secretary of State grants an application made under subsection
(5A), the Secretary of State must give notice of the grant of the
application to the superintendent registrar to whom notice of the
marriage was given.

(5EC) 35Regulations under subsection (5D) do not apply to applications
made to the Secretary of State in accordance with subsection (5EA).

(5ED) The Secretary of State may by regulations make provision with
respect to the making, and granting, of applications made in
accordance with subsection (5EA).

(5EE) 40The Secretary of State must consult the Registrar General before
making regulations under subsection (5ED).”.

(4) In subsection (5H), after “(5D)” insert “or (5ED)”.

Marriage referred to Secretary of State: issue of certificates

11 (1) In section 31 (marriage under certificate without licence), at the end insert—

“(7) This section has effect subject to section 31ZA.”.

(2) After section 31 insert—

31ZA 5  Notice of marriage: false information or evidence

(1) A superintendent registrar may refuse to issue a certificate under
section 31(2) in a case where—

(a) notice of marriage has been given under section 27, and

(b) a superintendent registrar has reasonable grounds for
10suspecting that a relevant decision was made incorrectly
because of the provision of false information or evidence.

(2) If the superintendent registrar refuses to issue the certificate, the
parties to the proposed marriage are to be taken not to have given
notice under section 27; but that does not prevent criminal
15proceedings 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 superintendent registrars to
refuse to issue certificates under section 31 in respect of marriages.

(4) In this section—

• 20“evidence” includes a photograph or other image;

• “exempt person” has the same meaning as in section 28H;

• “relevant decision” means a decision of a superintendent
  registrar that a party to a proposed marriage is an exempt
  person.”.

(3) 25In section 31A (appeal on refusal under section 31(2)(a))—

(a) in the title, at the end insert “or 31ZA”;

(b) in subsection (1), after “31(2)(a)” insert “or 31ZA”;

(c) after subsection (2) insert—

“(2A) In a case where—

(a) 30in reliance on section 31ZA, a superintendent
registrar refuses to issue a certificate, and

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

section 31ZA(2) is of no effect — and is to be taken to have
35never had any effect — in relation to the parties’ giving of
notice under section 27.”;

(d) after subsection (3) insert—

“(3A) If—

(a) relying on section 31ZA, a superintendent registrar
40refuses to issue a certificate, and

(b) on an appeal against the refusal, the Registrar General
declares the appeal to have been frivolous,

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

(e) 45in subsection (4)—

(i) for “such costs and damages” substitute “costs and damages
in accordance with subsection (3) or (3A)”;

(ii) at the end insert “(in the case of subsection (3)) or evidence
that the Registrar General has declared the appeal to have
5been frivolous (in the case of subsection (3A))”.

Certificates

12 (1) Section 35 (marriage in registration district in which neither party resides) is
amended in accordance with sub-paragraphs (2) and (3).

(2) After subsection (3) insert—

“(3A) 10In a case where one or both of the persons to be married (“the
couple”) are not relevant nationals, a superintendent registrar may
issue a certificate for the solemnization of a marriage in a qualifying
church or chapel, notwithstanding that it is not within a registration
district in which either of the couple resides.

(3B) 15In subsection (3A) “qualifying church or chapel” means a church or
chapel which is not the usual place of worship of the couple but in
which it would be possible—

(a) (if section 5(3)(a) were disregarded) for the marriage of the
couple to be solemnized in accordance with section 5(1)(a)
20(marriage after publication of banns), or

(b) (if section 5(3)(b) were disregarded) for the marriage of the
couple to be solemnized in accordance with section 5(1)(c)
(marriage on authority of common licence).”.

(3) After subsection (5) insert—

“(6) 25Where a marriage is intended to be solemnized on the authority of
certificates of a superintendent registrar issued under subsection
(3A), each notice of marriage given to the superintendent registrar
and each certificate issued by the superintendent registrar shall state,
in addition to the description of the church or chapel in which the
30marriage is to be solemnized, that it would be possible for the
marriage of the couple to be solemnized in that church or chapel after
the publication of banns or on the authority of a common licence (if
section 5(3) were disregarded).”.

(4) Omit section 38.

35Regulations etc

13 In section 74 (regulations), after subsection (2) insert—

“(3) Any order or regulations made under this Act may make different
provision for different cases.”.

Offences

14 40In section 75 (offences relating to solemnization of marriages), in subsection
(3)(a), for “15 days” substitute “28 days”.

Relevant nationals

15 In section 78 (interpretation of the 1949 Act), in subsection (1), after the
definition of “registration district” insert—

• ““relevant national” means—

  (a)

  5a British citizen,

  (b)

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

  (c)

  a national of Switzerland;”.

Part 2 10Civil partnership

Introduction

16 The Civil Partnership Act 2004 is amended in accordance with this Part of
this Schedule.

Supply of additional information and evidence

17 (1) 15Section 8 (notice of proposed civil partnership and declaration) is amended
in accordance with this paragraph.

(2) In subsection (4), after paragraph (b) insert—

“(c) that the proposed civil partner believes all of the information
stated in the notice, and all information and evidence
20supplied with the notice, is true.”.

(3) After subsection (5) insert—

“(5A) Subsection (5) is subject to section 9F.”.

18 After section 8 insert—

“8A Additional information if party not relevant national

(1) 25This section applies to notice of proposed civil partnership given to
a registration authority in accordance with section 8 if one, or each,
of the parties to the proposed civil partnership is not a relevant
national.

(2) For each party to the proposed civil partnership who is not a relevant
30national, the notice must include whichever of statements A, B or C
is applicable to that person.

(3) Statement A is a statement that the person has the appropriate
immigration status.

(4) Statement B is a statement that the person holds a relevant visa in
35respect of the proposed civil partnership.

(5) Statement C is a statement that the person neither—

(a) has the appropriate immigration status, nor

(b) holds a relevant visa in respect of the proposed civil
partnership.

(6) The notice must be accompanied by the details, photographs or
addresses referred to in an entry in the first column of this table if the
notice contains the statement, or one of the statements, referred to in
the corresponding entry in the second column—

(7) If the notice includes statement C for a party to the proposed civil
20partnership—

(a) the notice may be accompanied by a statement (“statement
D”) of that person’s immigration position in the United
Kingdom;

(b) if the notice is accompanied by statement D for a party to the
25proposed civil partnership, the person may provide the
registration authority with details of his or her immigration
position in the United Kingdom; and

(c) if any such details are provided, the registration authority
must record them.

(8) 30For each party to the proposed civil partnership who is not a relevant
national, the notice must be accompanied by a statement of—

(a) any names (other than any name stated in the notice of
proposed civil partnership in accordance with regulations
under section 8(2)) previously used by that person, and

(b) 35any aliases previously or currently used by that person.

(9) In this section—

(a) a reference—

(i) to a person having the appropriate immigration
status, or

(ii) to a person holding a relevant visa,

has the same meaning as in section 44 of the Immigration Act
2014;

(b) a reference to the particular immigration status which a
5person has is a reference to the immigration status set out in
any of paragraphs (a) to (c) of section 44(2) of that Act which
the person has;

(c) a reference to a person’s immigration position in the United
Kingdom includes a reference to the person’s not being
10entitled to be in the United Kingdom.

(10) In this section “specified photograph” means a photograph that is in
accordance with regulations made under section 9E (and for this
purpose “photograph” includes other kinds of images).”.

19 For section 9 substitute—

“9 15Evidence

(1) A notice of proposed civil partnership under section 8 must, in
relation to each of the parties to the civil partnership, be
accompanied by specified evidence of the following matters—

(a) the person’s name and surname;

(b) 20the person’s date of birth;

(c) the person’s place of residence;

(d) the person’s nationality.

(2) A person giving a notice of proposed civil partnership under section
8 must provide the registration authority to which the notice is given
25with specified evidence—

(a) as to whether the person has previously formed a civil
partnership or been married; and

(b) if so, as to the ending of the civil partnership or marriage.

(3) In this section “specified evidence” means evidence that is in
30accordance with regulations made under section 9E.

9A Additional evidence if party not relevant national

(1) This section applies to notice of proposed civil partnership given to
a registration authority in accordance with section 8 if one, or each,
of the parties to the proposed civil partnership is not a relevant
35national.

(2) If the notice includes statement A (referred to in section 8A(3)), and
accordingly is accompanied by details of the particular immigration
status which a party to the proposed civil partnership has, the notice
must be accompanied by specified evidence of that status.

(3) 40If the notice includes statement B (referred to in section 8A(4)), the
notice must be accompanied by specified evidence of the holding of
the relevant visa by the party to the proposed civil partnership.

(4) If, in accordance with section 8A(6), the notice is accompanied by the
usual address of a party to the proposed civil partnership, the notice
45must also be accompanied by specified evidence that it is that party’s
usual address.

(5) If the notice includes statement D (referred to in section 8A(7)), the
notice may be accompanied by evidence of the person’s immigration
position in the United Kingdom.

(6) If subsection (2) or (3) applies to the notice, and the notice is not
5accompanied by the specified evidence required by that subsection,
the notice must be accompanied by—

(a) specified photographs (within the meaning of section 8A) of
each of the parties to the proposed civil partnership;

(b) the usual address of each party to the proposed civil
10partnership;

(c) specified evidence that the usual address of a party provided
in accordance with paragraph (b) is that party’s usual
address; and

(d) if the usual address of a party provided in accordance with
15paragraph (b) is outside the United Kingdom, an address in
the United Kingdom at which that party can be contacted by
post.

(7) In this section “specified evidence” means evidence that is in
accordance with regulations made under section 9E.

9B 20Change of usual address or UK contact address

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

(a) notice of a person’s usual address, if the person’s notified
usual address changes;

(b) 25notice of a UK contact address, if the person’s notified usual
address is not in the United Kingdom;

(c) notice of a person’s UK contact address, if the person’s
notified UK contact address changes;

(d) evidence of any address notified in accordance with
30regulations under paragraph (a), (b) or (c).

(2) The provision that may be made in regulations under this section
includes—

(a) provision imposing a requirement on a person;

(b) provision about the rejection of information or evidence
35which there are reasonable grounds to suspect to be false.

(3) Regulations under subsection (1)(d) may, in particular, make any
provision of the kind that may be made under section 9E(3).

(4) In this section—

• “notified UK contact address” means an address in the United
  40Kingdom, at which a person can be contacted by post, that
  has been notified in accordance with—

  (a)

  section 8A(6) or 9A(6), or

  (b)

  regulations under this section;

• “notified usual address” means the usual address of a person
  45that has been notified in accordance with—

  (a)

  section 8A(6) or 9A(6), or

  (b)

  regulations under this section.

9C Rejection of false information or evidence

(1) A registration authority may reject—

(a) any information or photograph provided under section 8, 8A
or 9A, or

(b) 5any evidence provided under section 9 or 9A,

if (in particular) the registration authority has reasonable grounds
for suspecting that the information, photograph or evidence is false.

(2) If the registration authority rejects any information, photograph or
evidence, the registration authority may proceed under this Act as if
10the rejected information, photograph or evidence had not been
provided.

(3) This section does not limit the powers of registration authorities to
reject anything provided under any other enactment.

9D Amendment of notice and evidence provisions

(1) 15The Secretary of State may by order—

(a) amend section 8A or 9A so as to vary the information that
must or may be given in cases where that section applies;

(b) amend section 9 or 9A so as to vary the matters in respect of
which specified evidence must or may be given in cases
20where that section applies;

(c) make such provision (including provision amending section
9B or 9E or any other enactment) as the Secretary of State
considers appropriate in consequence of provision made
under paragraph (a) or (b).

(2) 25The Secretary of State must consult the Registrar General before
making an order under this section.

9E Specified evidence

(1) The Registrar General may make regulations about the evidence that
is required to be given for the purposes of section 9.

(2) 30The Secretary of State may make regulations about the evidence that
is required to be given for the purposes of section 9A.

(3) Regulations under this section may, in particular, make provision
about—

(a) the kind of evidence which is to be supplied;

(b) 35the 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) 40the 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.

(d)(d)45the 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
50secure 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.

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

(5) The Registrar General must obtain the approval of the Secretary of
State before making regulations under this section.

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

9F 5Recording of information in the register: compliance with
requirements

The registration authority must not enter in the register the
information relating to a proposed civil partnership mentioned in
section 8(5) in a case where any of the requirements imposed by or
10under any of the following provisions of this Act is applicable but is
not complied with—

• section 8A(2) to (6);

• section 8A(8);

• section 9(1);

• 15section 9A(4) or (6);

• section 18(3);

• section 19(3);

• paragraph 5(1) of Schedule 1;

• paragraph 4 of Schedule 23.”.

20Notice period

20 In section 11 (meaning of “the waiting period”), for “15” substitute “28”.

21 (1) Section 12 (power to shorten the waiting period) is amended in accordance
with this paragraph.

(2) In subsection (1), for “15” substitute “28”.

(3) 25After subsection (3) insert—

“(4) If a proposed civil partnership is referred to the Secretary of State
under section 12A—

(a) any application under subsection (1) is to be made to the
Secretary of State; and

(b) 30the power conferred by subsection (1) is exercisable by the
Secretary of State.

(5) If the Secretary of State grants an application made under subsection
(1), the Secretary of State must give notice of the grant of the
application to—

(a) 35the registration authority to which notice of the proposed
civil partnership was given, and

(b) if different, the registration authority responsible for issuing
the civil partnership schedule under section 14(1) in relation
to the proposed civil partnership.

(6) 40Regulations under subsection (2) do not apply to applications made
to the Secretary of State in accordance with subsection (4).

(7) The Secretary of State may by regulations make provision with
respect to the making, and granting, of applications made in
accordance with subsection (4).

(8) The Secretary of State must consult the Registrar General before
making regulations under subsection (7).”.

Referral to Secretary of State

22 After section 12 insert—

“12A 5Referral of proposed civil partnership to Secretary of State

(1) On every occasion when notice of proposed civil partnership is given
under section 8, the registration authority must decide whether or
not each of the parties to the proposed civil partnership is an exempt
person.

(2) 10But this section does not apply if Schedule 3 applies to the proposed
civil partnership.

(3) In making a decision under subsection (1) about a party to a
proposed civil partnership, a registration authority may rely on any
advice given in relation to that decision by the Secretary of State.

(4) 15In a case where—

(a) section 8A applies to the notice of proposed civil partnership,
and

(b) specified evidence required by section 9A(2) or (3) in relation
to a party to the proposed civil partnership is not produced
20in accordance with that section,

the registration authority must decide that that party to the proposed
civil partnership is not an exempt person.

(5) If the registration authority decides that either of the parties is not an
exempt person, or that both of the parties are not exempt persons, the
25registration authority must—

(a) refer the proposed civil partnership to the Secretary of State;

(b) notify the parties to the proposed civil partnership that the
proposed civil partnership must be referred to the Secretary
of State;

(c) 30give the parties to the proposed civil partnership prescribed
information about—

(i) the effects of the referral;

(ii) the requirement under regulations under section 9B
to notify the Secretary of State of changes of address.

(6) 35The registration authority must act in accordance with regulations
when complying with the duty in subsection (5)(a) to refer a
proposed civil partnership to the Secretary of State.

(7) Regulations may, in particular, make provision about—

(a) the form, manner or timing of the referral of a proposed civil
40partnership;

(b) information, photographs or evidence — or copies of any of
those things — to be included with the referral of a proposed
civil partnership.