Immigration Bill (HC Bill 74)

Offences

22 (1) A person commits an offence under the law of Scotland if the
person—

(a) intentionally obstructs a relevant officer in the
5performance of functions under this Part of this Schedule,
or

(b) fails without reasonable excuse to comply with a
requirement made by a relevant officer in the performance
of those functions.

(2) 10A person who provides information in response to a requirement
made by a relevant officer in the performance of functions under
this Part of this Schedule commits an offence under the law of
Scotland if—

(a) the information is false in a material particular, and the
15person either knows it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material
particular.

(3) A relevant officer may arrest without warrant anyone whom the
officer has reasonable grounds for suspecting to be guilty of an
20offence under this paragraph.

(4) A person guilty of an offence under this paragraph is liable on
summary conviction to imprisonment for a term not exceeding 12
months, to a fine not exceeding level 5 on the standard scale or to
both.

25Part 3 Northern Ireland

Introductory

23 (1) This Part of this Schedule sets out the powers exercisable by
immigration officers, Northern Ireland constables and
30enforcement officers (referred to in this Part of this Schedule as
“relevant officers”) under sections 28O and 28P(5).

(2) In this Part of this Schedule—

• “items subject to legal privilege” has the same meaning as in
  the Police and Criminal Evidence (Northern Ireland)
  35Order 1989 (1989/1341 (N.I. 12)) (see Article 12 of that
  Order);

• “the ship” means the ship in relation to which the powers set
  out in this Part of this Schedule are exercised.

Power to stop, board, divert and detain

24 (1) 40This paragraph applies if a relevant officer has reasonable
grounds to suspect that—

(a) an offence under section 25, 25A or 25B is being, or has
been, committed on the ship, or

(b) the ship is otherwise being used in connection with the
commission of an offence under any of those sections.

(2) The relevant officer may—

(a) stop the ship;

(b) 5board the ship;

(c) require the ship to be taken to a port (in England and Wales
or elsewhere) and detained there.

(3) The relevant officer may require the master of the ship, or any
member of its crew, to take such action as is necessary for the
10purposes of sub-paragraph (2)(c).

(4) A relevant officer must give notice in writing to the master of any
ship detained under this paragraph.

(5) The notice must state that the ship is to be detained until the notice
is withdrawn by the giving of a further notice in writing signed by
15a relevant officer.

Power to search and obtain information

25 (1) This paragraph applies if a relevant officer has reasonable
grounds to suspect that there is evidence on the ship (other than
items subject to legal privilege) relating—

(a) 20to an offence under section 25, 25A or 25B, or

(b) to an offence that is connected with an offence under any
of those sections.

(2) The relevant officer may search—

(a) the ship;

(b) 25anyone on the ship;

(c) anything on the ship (including cargo).

(3) The relevant officer may require a person on the ship to give
information about himself or herself or about anything on the
ship.

(4) 30The power to search conferred by sub-paragraph (2)—

(a) is only a power to search to the extent that it is reasonably
required for the purpose of discovering evidence of the
kind mentioned in sub-paragraph (1), and

(b) in the case of a search of a person, does not authorise a
35relevant officer to require the person to remove any
clothing in public other than an outer coat, jacket or gloves.

(5) In exercising a power conferred by sub-paragraph (2) or (3) a
relevant officer may—

(a) open any containers;

(b) 40require the production of documents, books or records
relating to the ship or anything on it (but not including
anything the officer has reasonable grounds to believe to
be an item subject to legal privilege);

(c) make photographs or copies of anything the production of
45which the officer has power to require.

(6) The power in sub-paragraph (5)(b) to require the production of
documents, books or records includes, in relation to documents,
books or records kept in electronic form, power to require the
provision of the documents, books or records in a form in which
5they are legible and can be taken away.

(7) Sub-paragraph (5) is without prejudice to the generality of the
powers conferred by sub-paragraphs (2) and (3).

(8) A power conferred by this paragraph may be exercised on the ship
or elsewhere.

10Power of arrest and seizure

26 (1) This paragraph applies if a relevant officer has reasonable
grounds to suspect that an offence under section 25, 25A or 25B
has been, or is being, committed on the ship.

(2) The relevant officer may arrest without warrant anyone whom the
15officer has reasonable grounds for suspecting to be guilty of the
offence.

(3) The relevant officer may seize and detain anything found on the
ship which appears to the officer to be evidence of the offence (but
not including anything that the constable or officer has reasonable
20grounds to believe to be an item subject to legal privilege).

(4) A power conferred by this paragraph may be exercised on the ship
or elsewhere.

Protective searches of persons

27 (1) The relevant officer may search a person found on the ship for
25anything which the officer has reasonable grounds to believe the
person might use to—

(a) cause physical injury,

(b) cause damage to property, or

(c) endanger the safety of any ship.

(2) 30The power conferred by sub-paragraph (1) may be exercised—

(a) only if the officer has reasonable grounds to believe that
anything of a kind mentioned in that sub-paragraph is
concealed on the person; and

(b) only to the extent that it is reasonably required for the
35purpose of discovering any such thing.

(3) The relevant officer may seize and retain anything which the
officer has reasonable grounds to believe might—

(a) cause physical injury,

(b) cause damage to property, or

(c) 40endanger the safety of any ship

(4) If the person is detained, nothing seized under sub-paragraph (3)
may be retained when the person is released from detention.

(5) A power conferred by this paragraph to search a person does not
authorise a relevant officer to require the person to remove any

clothing in public other than an outer coat, jacket or gloves, but it
does authorise the search of a person’s mouth.

(6) A power conferred by this paragraph may be exercised on the ship
or elsewhere.

5Search for nationality documents

28 (1) The relevant officer may require a person found on the ship to
produce a nationality document.

(2) The relevant officer may search a person found on the ship where
the officer has reasonable grounds to believe that a nationality
10document is concealed on the person.

(3) The power conferred by sub-paragraph (2) may be exercised—

(a) only if the officer has reasonable grounds to believe that a
nationality document is concealed on the person; and

(b) only to the extent that it is reasonably required for the
15purpose of discovering any such document.

(4) Subject as follows, the officer may seize and retain a nationality
document for as long as the officer believes the person to whom it
relates will arrive in the United Kingdom by virtue of the exercise
of the power in paragraph 24.

(5) 20The power to retain a nationality document in sub-paragraph (4)
does not affect any other power of an immigration officer to retain
a document.

(6) Where the nationality document has been seized and retained by
a relevant officer who is not an immigration officer, the document
25must be passed to an immigration officer as soon as is practicable
after the ship has arrived in the United Kingdom.

(7) The power conferred by this paragraph to search a person does
not authorise a relevant officer to—

(a) require the person to remove any clothing in public other
30than an outer coat, jacket or gloves, or

(b) seize and retain any document the officer has reasonable
grounds to believe to be an item subject to legal privilege.

(8) In this paragraph a “nationality document”, in relation to a person,
means any document which might—

(a) 35establish the person’s identity, nationality or citizenship,
or

(b) indicate the place from which the person has travelled to
the United Kingdom or to which the person is proposing
to go.

(9) 40A power conferred by this paragraph may be exercised on the ship
or elsewhere.

Assistants

29 (1) A relevant officer may—

(a) be accompanied by other persons, and

(b) take equipment or materials,

to assist the officer in the exercise of powers under this Part of this
Schedule.

(2) A person accompanying a relevant officer under sub-paragraph
5(1) may perform any of the officer’s functions under this Part of
this Schedule, but only under the officer’s supervision.

Reasonable force

30 A relevant officer may use reasonable force, if necessary, in the
performance of functions under this Part of this Schedule.

10Evidence of authority

31 A relevant officer must produce evidence of the officer’s authority
if asked to do so.

Protection of constables and enforcement officers

32 A relevant officer is not liable in any criminal or civil proceedings
15for anything done in the purported performance of functions
under this Part of this Schedule if the court is satisfied that—

(a) the act was done in good faith, and

(b) there were reasonable grounds for doing it.

Offences

33 (1) 20A person commits an offence under the law of Northern Ireland if
the person—

(a) intentionally obstructs a relevant officer in the
performance of functions under this Part of this Schedule,
or

(b) 25fails without reasonable excuse to comply with a
requirement made by a relevant officer in the performance
of those functions.

(2) A person who provides information in response to a requirement
made by a relevant officer in the performance of functions under
30this Part of this Schedule commits an offence under the law of
Northern Ireland if—

(a) the information is false in a material particular, and the
person either knows it is or is reckless as to whether it is, or

(b) the person intentionally fails to disclose any material
35particular.

(3) A relevant officer may arrest without warrant anyone whom the
officer has reasonable grounds for suspecting to be guilty of an
offence under this paragraph.

(4) A person guilty of an offence under this paragraph is liable on
40summary conviction to imprisonment for a term not exceeding 6
months, to a fine not exceeding level 5 on the standard scale or to
both.””

Section 50

SCHEDULE 9 Civil registration fees

Part 1 Powers to make regulations for the charging of fees

5Marriage Act 1949 (c. 76)Marriage Act 1949 (c. 76)

1 Before section 72 of the Marriage Act 1949 (but after the heading of Part 6 of
that Act) insert—

“71A Fees

(1) The Secretary of State may by regulations provide for fees to be payable to
10such persons as may be prescribed in respect of—

(a) the giving of notice of a marriage to a superintendent
registrar;

(b) an application for the reduction of the waiting period in
relation to a notice of marriage (see section 31(5A));

(c) 15the registration for the solemnization of marriages of a
building certified as required by law as a place of religious
worship, or the cancellation of such a registration;

(d) the authorisation of a person to be present at the
solemnization of marriages in such a building;

(e) 20the presence of a superintendent registrar or registrar at a
marriage (except in a case falling within section 51(1A));

(f) the delivery under section 57(1) of a certified copy of entries
in a marriage register book;

(g) the carrying out of a search of—

(i) 25any marriage register book,

(ii) any index kept in relation to such a book, or

(iii) certified copies of entries in such a book;

(h) the provision of a certified copy, or other record of
information, relating to an entry in a marriage register book;

(i) 30the issue of the Registrar General’s licence under section 7 of
the Marriage (Registrar General’s Licence) Act 1970;

(j) such other marriage services as may be prescribed.

(2) Regulations under this section may—

(a) specify the amount of any fee payable under the regulations,
35or

(b) set out how such a fee is to be determined.

(3) Subsection (4) applies where the regulations provide for a fee to be
payable to a superintendent registrar or registrar.

(4) The regulations may provide for such part of the fee as may be
40specified by or determined in accordance with the regulations to be
payable by the superintendent registrar or registrar to the Registrar
General in prescribed circumstances.

(5) The regulations may provide for the reimbursement, reduction,
waiver or refund of part or all of a fee whether by conferring a
discretion or otherwise.

(6) Regulations under this section must be made by statutory
5instrument.

(7) Regulations under this section may—

(a) provide for exemptions from any of the provisions of the
regulations;

(b) contain such consequential, incidental, supplemental and
10transitional provision as the Secretary of State considers
appropriate.

(8) A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.

(9) 15In this section—

• “marriage services” means services in connection with
  marriages which are provided by or on behalf of the Registrar
  General, a superintendent registrar or registrar;

• “prescribed” means prescribed in regulations made under this
  20section.””

Births and Deaths Registration Act 1953 (c. 20)Births and Deaths Registration Act 1953 (c. 20)

2 Before section 39 of the Births and Deaths Registration Act 1953 (but after the
cross-heading above that section) insert—

“38A Fees

(1) 25The Minister may by regulations provide for fees to be payable to such
persons as may be prescribed in respect of—

(a) the issue of a certificate under section 13(2);

(b) the carrying out of a search of—

(i) any register of births or register of deaths,

(ii) 30any index kept in relation to such a register, or

(iii) certified copies of entries in such a register;

(c) the provision of a certified copy, or other record of
information, relating to an entry in a register of births or a
register of deaths;

(d) 35the provision of a short certificate of birth or a short certificate
of death (see sections 33 and 33A);

(e) such other birth or death registration services as may be
prescribed.

(2) Regulations under this section may—

(a) 40specify the amount of any fee payable under the regulations,
or

(b) set out how such a fee is to be determined.

(3) Subsection (4) applies where the regulations provide for a fee to be
payable to a superintendent registrar or registrar.

(4) The regulations may provide for such part of the fee as may be
specified by or determined in accordance with the regulations to be
payable by the superintendent registrar or registrar to the Registrar
General in prescribed circumstances.

(5) 5The regulations may provide for the reduction, waiver or refund of
part or all of a fee whether by conferring a discretion or otherwise.

(6) In this section—

• “birth or death registration services” means services in
  connection with the registration of births or deaths which are
  10provided—

  (a)

  by or on behalf of the Registrar General, a
  superintendent registrar or registrar, or

  (b)

  by any other person;

• “prescribed” means prescribed in regulations made under this
  15section.””

Registration Service Act 1953 (c. 37)Registration Service Act 1953 (c. 37)

3 After section 19A of the Registration Service Act 1953 insert—

“19B Fees in respect of provision of copies of records etc

(1) The Minister may by regulations provide for fees to be payable to the
20Registrar General in respect of the provision by the Registrar General to any
persons of copies or other records of any information held by the Registrar
General.

(2) The regulations may—

(a) specify the amount of any fee payable under the regulations,
25or

(b) set out how such a fee is to be determined.

(3) The regulations may provide for the reduction, waiver or refund of
part or all of a fee whether by conferring a discretion or otherwise.

(4) Regulations under this section must be made by statutory
30instrument.

(5) Regulations under this section may—

(a) make different provision for different cases;

(b) provide for exemptions from any of the provisions of the
regulations;

(c) 35contain such consequential, incidental, supplemental and
transitional provision as the Minister considers appropriate.

(6) A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.””

40Civil Partnership Act 2004 (c. 33)Civil Partnership Act 2004 (c. 33)

4 (1) Section 34 of the Civil Partnership Act 2004 (fees) is amended as follows.

(2) In subsection (1), omit “, of such amounts as may be specified in the order,”.

(3) After subsection (1) insert—

“(1A) An order under this section may—

(a) specify the amount of any fee payable under the order, or

(b) set out how such a fee is to be determined.

(1B) 5Subsection (1C) applies where the order provides for a fee to be
payable to a registration authority.

(1C) The order may provide for such part of the fee as may be specified by
or determined in accordance with the order to be payable by the
registration authority to the Registrar General in such circumstances
10as may be prescribed by the order.””

(4) For subsection (2) substitute—

“(2) The order may provide for the reduction, waiver or refund of part or
all of a fee whether by conferring a discretion or otherwise.””

Marriage (Same Sex Couples) Act 2013 (c. 30)2013 (c. 30)

5 15In section 9 of the Marriage (Same Sex Couples) Act 2013 (conversion of civil
partnership into marriage) after subsection (5) insert—

“(5A) Subsection (5B) applies where regulations under this section provide
for a fee to be payable to a superintendent registrar or registrar.

(5B) The regulations may provide for such part of the fee as may be
20specified in or determined in accordance with the regulations to be
payable by the superintendent registrar or registrar to the Registrar
General in such circumstances as may be set out in the regulations.

(5C) The regulations may provide for the reduction, waiver or refund of
part or all of a fee whether by conferring a discretion or otherwise.””

25Part 2 Consequential and related amendments

Places of Worship Registration Act 1855 (c. 81)Places of Worship Registration Act 1855 (c. 81)

6 For section 5 of the Places of Worship Registration Act 1855 (fee to
superintendent registrar) substitute—

“5 30Fees

(1) The Secretary of State may by regulations provide for fees to be payable to
such persons as may be prescribed in the regulations in respect of the
certification to the Registrar General under this Act of a place of meeting for
religious worship.

(2) 35Regulations under this section may—

(a) specify the amount of any fee payable under the regulations,
or

(b) set out how such a fee is to be determined.

(3) Subsection (4) applies where the regulations provide for a fee to be
40payable to a superintendent registrar.

(4) The regulations may provide for such part of the fee as may be
specified by or determined in accordance with the regulations to be
payable by the superintendent registrar to the Registrar General in
such circumstances as may be set out in the regulations.

(5) 5The regulations may provide for the reduction, waiver or refund of
part or all of a fee whether by conferring a discretion or otherwise.

(6) Regulations under this section must be made by statutory
instrument.

(7) Regulations under this section may—

(a) 10make different provision for different cases;

(b) provide for exemptions from any of the provisions of the
regulations;

(c) contain such consequential, incidental, supplemental and
transitional provision as the Secretary of State considers
15appropriate.

(8) A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.””

Savings Banks Act 1887 (c. 40)Savings Banks Act 1887 (c. 40)

7 20In section 10 of the Savings Banks Act 1887 (price of certificate of birth, death
or marriage)—

(a) the existing text becomes subsection (1),

(b) in that subsection (1), after “entered for” insert “, where the birth,
death or marriage is registered in England and Wales, the
25appropriate fee or in any other case for”, and

(c) after that subsection insert—

“(2) In subsection (1), “the appropriate fee” means the fee payable
to the registrar or other person having care of the register
concerned for a certified copy of an entry in the register by
30virtue of section 38A of the Births and Deaths Registration
Act 1953 or section 71A of the Marriage Act 1949.””

Marriage Act 1949 (c. 76)Marriage Act 1949 (c. 76)

8 The Marriage Act 1949 is amended as follows.

9 In section 27 (notice of marriage) omit subsections (6) and (7).

10 35In section 31 (marriage under certificate without licence)—

(a) omit subsections (5F) and (5G),

(b) in subsection (5H), omit “or an order under subsection (5F)”, and

(c) omit subsection (5I).

11 In section 41 (registration of buildings: marriage of a man and a woman)
40omit subsection (6).

12 In section 43D (regulations about registration of buildings) in subsection (1),
omit “and the fees payable”.

13 In section 51 (fees of registrars for attending marriages)—