House of Commons Public Bill Committee Proceedings

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Report Stage Proceedings: 30 January 2014
521

Immigration Bill, continued

Secretary Theresa May

Agreed to  47

Clause  60,  page  47,  line  15,  leave out ‘The’ and insert ‘An’.

Secretary Theresa May

Agreed to  48

Clause  60,  page  47,  line  15,  leave out ‘in respect’ and insert ‘for a fee in respect of

the exercise’.

Secretary Theresa May

Agreed to  49

Clause  60,  page  47,  line  18,  leave out ‘the function’ and insert ‘that amount, or rate

or other factor’.

Secretary Theresa May

Agreed to  50

Clause  60,  page  47,  line  19,  leave out ‘specified for the function’ and insert ‘so

specified’.

Secretary Theresa May

Agreed to  51

Clause  60,  page  47,  line  32,  at end insert—

‘
This is subject to section 61(5).’.

Secretary Theresa May

Agreed to  52

Clause  60,  page  47,  line  44,  after ‘section’ insert ‘and sections 61 and (Power to

charge fees for attendance services in particular cases)’.

Secretary Theresa May

Agreed to  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

Not called  64

Clause  64,  page  49,  line  31,  leave out paragraph (a).

Secretary Theresa May

Agreed to  27

Clause  64,  page  49,  line  34,  at end insert ‘or (Supplementary provision)(4)’.

Report Stage Proceedings: 30 January 2014
522

Immigration Bill, continued

Sarah Teather

Jeremy Corbyn

Caroline Lucas

John McDonnell

Not called  65

Clause  64,  page  50,  line  5,  leave out ‘30(3)’.

Sarah Teather

Jeremy Corbyn

Caroline Lucas

John McDonnell

Not called  66

Clause  64,  page  50,  line  6,  leave out subsections (6) and (7).

Sarah Teather

Jeremy Corbyn

Caroline Lucas

John McDonnell

Not called  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.’.

Jeremy Corbyn

John McDonnell

Caroline Lucas

Not called  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

Not selected  95


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.’.

Report Stage Proceedings: 30 January 2014
523

Immigration Bill, continued

Pete Wishart

Not called  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

Added  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.

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;

Report Stage Proceedings: 30 January 2014
524

Immigration Bill, continued

(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).

      (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.

Report Stage Proceedings: 30 January 2014
525

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

Dr Julian Huppert

Not called  60

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

Report Stage Proceedings: 30 January 2014
526

Immigration Bill, continued

Sarah Teather

Caroline Lucas

John McDonnell

Not called  72

Page  55,  line  33,  leave out Schedule 3.

Secretary Theresa May

Agreed to  17

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

Secretary Theresa May

Agreed to  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

Agreed to  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).

      (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

Agreed to  20

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

Report Stage Proceedings: 30 January 2014
527

Immigration Bill, continued

Secretary Theresa May

Agreed to  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

Not called  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

Agreed to  22

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

      ‘()
“Building” includes a part of a building.’.

Secretary Theresa May

Agreed to  28

Schedule  4,  page  61,  leave out line 9.

Secretary Theresa May

Agreed to  29

Schedule  4,  page  61,  leave out line 12.

Secretary Theresa May

Agreed to  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

Agreed to  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



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