Immigration Bill (HL Bill 84)

(i) any information included with the referral in accordance
with 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
5regulations under section 28D of the Marriage Act 1949;

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

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

(ii) 10any address of a party to the proposed civil partnership
notified to the Secretary of State in accordance with such
regulations or regulations under section 9B of the Civil
Partnership Act 2004;

(e) details of any immigration enforcement action taken by the Secretary
15of 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) details of any immigration decision taken wholly or partly by
reference to the marriage or civil partnership (whether while it was
20proposed or after it was solemnized or formed).

Part 2 Disclosure of information etc for immigration purposes etc

Disclosures by registration officials

2 (1) A registration official may—

(a) 25disclose 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
of the following purposes.

(2) Those purposes are—

(a) 30immigration purposes;

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

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

(ii) the referral of proposed civil partnerships to the Secretary of
35State 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
Acts;

(b) the prevention, detection, investigation or prosecution of criminal
40offences relating to immigration;

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

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

(e) 45such other purposes as may be specified by the Secretary of State by
order.

3 A registration official may disclose to another registration official—

(a) the 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) 5the content of any such report,

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

Disclosures by the Secretary of State

4 (1) The Secretary of State may—

(a) 10disclose 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) assisting in the verification of information provided to a relevant
15official 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) assisting in the verification of the immigration status of a person who
20contacts 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
registration official—

(i) 25is 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) a registration official, or

(b) 30any 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) A registration official may—

(a) 35disclose 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) Information is disclosed, or a document is supplied, for use for crime-
40fighting 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) Condition 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) 5assisting in the prevention, detection, investigation or prosecution of
a 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) 10a member of a police force operating in England and Wales or any
part 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.

15Part 4 General provisions

Limitations on powers

6 This Schedule does not authorise—

(a) a disclosure, in contravention of any provisions of the Data
20Protection Act 1998, of personal data which are not exempt from
those 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 25A disclosure of information which is authorised by this Schedule does not
breach—

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

(b) any other restriction on the disclosure of information (however
30imposed).

Retention, 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) 35copy the document;

(c) dispose 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) 40information may be disclosed, or

(b) documents 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) 5a 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 58

10SCHEDULE 7 Immigration advisers and immigration service providers

Introductory

1 Part 5 of the Immigration and Asylum Act 1999 (which makes provision for
the regulation of immigration advisers and immigration service providers)
15is 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) omit paragraphs (a), (b) and (c) (and the word “or” which follows
20paragraph (c));

(b) in paragraph (d) omit “who”.

(2) Omit the following provisions—

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

(b) section 85(2);

(c) 25section 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) paragraph 6(3)(a) of Schedule 6.

30Waiver 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) at the end insert—

“(b) 35make provision for, and in connection with,
requiring or authorising the Commissioner to
waive all or part of the specified fee in particular
cases.”

(3) In 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-
5tier Tribunal) after paragraph (ea) insert—

“(eb) to 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) 10omit sub-paragraph (1)(b);

(b) after 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
15a person who is no longer competent or is otherwise
unfit).”

(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
20Commissioner is required by paragraph 4A to cancel the applicant’s
registration”;

(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—

25“Further provision for the cancellation of registration

4A The 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) 30the person is convicted of an offence under section 25 or
26(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
35competent or is otherwise unfit to provide immigration
advice or immigration services.”

Suspension of registration

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

(a) after “subject to” insert “(a)”;

(b) 40at the end insert—

“(b) paragraph 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
registration by First-tier Tribunal)”.

(3) After paragraph 4A of Schedule 6 (inserted by paragraph 4(4) of this
5Schedule) insert—

“Suspension of registration

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

(a) 10an offence involving dishonesty or deception;

(b) an indictable offence; or

(c) an offence under section 25 or 26(1)(d) or (g) of the 1971
Act.

(2) The suspension of the person’s registration ceases to have effect if
15one of these occurs—

(a) the person is acquitted of the offence;

(b) the charge is withdrawn;

(c) proceedings in respect of the charge are discontinued;

(d) an order is made for the charge to lie on the file, or in
20relation to Scotland, the diet is deserted pro loco et tempore.

(3) If the person is convicted of an offence under section 25 or 26(1)(d)
or (g) of the 1971 Act, the suspension of the person’s registration
continues to have effect until the Commissioner cancels the
person’s registration (as required by paragraph 4A(c)).

(4) 25If the person is convicted of any other offence within sub-
paragraph (1)—

(a) the Commissioner must as soon as reasonably practicable
consider whether the person is no longer competent or is
otherwise unfit to provide immigration advice or
30immigration services (so that the person’s registration
must be cancelled under paragraph 4A(e));

(b) the suspension of the person’s registration continues to
have effect until the Commissioner either cancels the
person’s registration, or decides that the person is
35competent and otherwise fit to provide immigration
advice and immigration services.

(5) A person whose registration is suspended is not to be treated as a
registered person for the purposes of section 84 (but is to be
treated as a registered person for the purposes of the other
40provisions of this Part).

(6) Where a person’s registration is suspended the Commissioner
must as soon as reasonably practicable record the suspension in
the register.

(7) Where a suspension ceases to have effect (and the person’s
45registration is not cancelled) the Commissioner must as soon as
reasonably practicable remove the record of the suspension from
the register.”

Inspections

6 After paragraph 4 of Schedule 5 insert—

“Inspections

4A The Commissioner may carry out inspections of the activities and
5businesses of registered persons.”

Complaints and investigations

7 (1) For section 89(2) (powers of Tribunal on hearing charge against registered
person) substitute—

“(2) Subsections (2A) and (2B) apply if the person charged was, at the
10time to which the charge relates, a registered person or a person
acting on behalf of a registered person.

(2A) If the registered person mentioned in subsection (2) is still registered,
the First-tier Tribunal may direct the Commissioner—

(a) to record the charge and the First-tier Tribunal’s decision on
15it for consideration in connection with that person’s next
application for continued registration;

(b) to cancel that person’s registration.

(2B) If the registered person mentioned in subsection (2) is no longer
registered, the First-tier Tribunal may direct the Commissioner to
20record the charge and the First-tier Tribunal’s decision on it for
consideration in connection with any application by that person for
registration.”

(2) In paragraph 5(3) of Schedule 5 (complaints which may be investigated by
Commissioner)—

(a) 25before paragraph (a) insert—

“(za) the competence or fitness to provide immigration
advice or immigration services of a person who, at
the time to which the complaint relates, was a
registered person,”;

(b) 30in paragraph (a) for “a person” substitute “any other person”;

(c) after paragraph (a) insert—

“(aa) the competence or fitness of a person who, at the
time to which the complaint relates, was acting on
behalf of a registered person,”;

(d) 35in paragraph (b) for the first “a person” substitute “any other
person”;

(e) in paragraph (d) for “a person to whom they apply” substitute “a
person who, at the time to which the complaint relates, was a
registered person or a person acting on behalf of a registered
40person”.

(3) For paragraph 9(1)(a) of that Schedule (Commissioner’s powers on
determining a complaint) substitute—

“(a) if the person to whom the complaint relates was at the time
to which the complaint relates—

(i) 45a registered person, or

(ii) a person acting on behalf of a registered person,

record the complaint and the decision on it to be
considered in connection with the next relevant
application;”.

(4) 5After paragraph 9(1) insert—

“(1A) In sub-paragraph (1)(a) “relevant application” means—

(a) if the registered person referred to in that sub-paragraph is
still registered, an application by that person for continued
registration, and

(b) 10otherwise, an application by that person for registration.”

(5) For paragraph 9(4) substitute—

“(4) Relevant person” means—

(a) a person who, at the time to which the charge relates, was
providing immigration advice or immigration services
15and was—

(i) a registered person, or

(ii) a person acting on behalf of a registered person;

(b) a person providing immigration advice or immigration
services who is—

(i) 20a person to whom section 84(4)(d) applies, or

(ii) a person employed by, or working under the
supervision of, such a person.”

Power of entry and inspection

8 (1) Omit paragraph 7 of Schedule 5 (and the cross-heading before it).

(2) 25After paragraph 10 of that Schedule insert—

“Power of entry and inspection

10A (1) On an application made by the Commissioner a justice of the
peace (or in Scotland, the sheriff) may issue a warrant authorising
the Commissioner to enter premises.

(2) 30A justice of the peace or sheriff may issue a warrant in respect of
premises if satisfied that there are reasonable grounds for
believing that—

(a) the premises are being used, or have been used, in
connection with the provision of immigration advice or
35immigration services by a registered person,

(b) entry to the premises is reasonably required for the
exercise of any of the Commissioner’s functions, and

(c) entry to the premises may be prevented or delayed unless
a warrant is produced.

(3) 40The Commissioner may enter premises by virtue of this paragraph
only at a reasonable hour.

(4) Where the Commissioner enters premises by virtue of this
paragraph the Commissioner may—

(a) take onto the premises any equipment that appears to the
Commissioner to be necessary;

(b) require any person on the premises to produce any
relevant document and, if the document is produced, to
5provide any explanation of it;

(c) require any person on the premises to state, to the best of
the person’s knowledge and belief, where any relevant
document is to be found;

(d) take copies of, or extracts from, any relevant document on
10the premises which is produced;

(e) require any relevant information which is held in a
computer and is accessible from the premises to be
produced in a form—

(i) in which it can be taken away; and

(ii) 15in which it is visible and legible.

(5) For the purposes of sub-paragraph (4), a document or information
is “relevant” if the document or information relates to any matter
connected with the provision of immigration advice or
immigration services.

(6) 20The powers conferred on the Commissioner by sub-paragraphs (1)
to (5) may also be exercised by—

(a) a member of the Commissioner’s staff authorised by the
Commissioner in writing, and

(b) if the Commissioner so determines, a person appointed by
25the Commissioner to make a report on the provision of
immigration advice or immigration services from the
premises in question.

(7) If a registered person fails without reasonable excuse to allow
access under this paragraph to any premises under the person’s
30occupation or control, the Commissioner may cancel the person’s
registration.

(8) The Commissioner may also cancel the registration of a registered
person who—

(a) without reasonable excuse fails to comply with a
35requirement imposed under sub-paragraph (4);

(b) intentionally delays or obstructs any person exercising
functions under this paragraph; or

(c) fails to take reasonable steps to prevent an employee of the
registered person from obstructing any person exercising
40such functions.

(9) In this paragraph “premises” includes premises used wholly or
partly as a dwelling.”

Section 61

SCHEDULE 8 Embarkation checks

Part 1 Functions exercisable by designated persons

5Introduction

1 Schedule 2 to the Immigration Act 1971 (administrative provisions as to
control on entry etc) is amended in accordance with this Part of this
Schedule.

Examinations by designated person

2 (1) 10Paragraph 3 is amended as follows.

(2) In sub-paragraph (1), after “immigration officer” insert “or designated
person”.

(3) For sub-paragraph (1A) substitute—

“(1A) If a person is examined under sub-paragraph (1) (whether by an
15immigration officer or designated person), an immigration officer
may require the person, by notice in writing, to submit to further
examination by the immigration officer for a purpose specified in
that sub-paragraph.”.

Information and documents

3 (1) 20Paragraph 4 is amended as follows.

(2) In sub-paragraph (1), for “his functions” substitute “that or any other
person’s functions”.

(3) In sub-paragraph (2)—

(a) for “shall, if so required by the immigration officer” substitute “, or
25on his examination under paragraph 3 above by a designated person,
shall, if so required by an immigration officer or designated person”;

(b) in paragraph (b), for “the immigration officer” substitute “the
immigration officer or designated person”;

(c) in the words after paragraph (b), for “the immigration officer”
30substitute “the immigration officer or designated person”.

(4) In sub-paragraph (3), for the words from “the immigration officer” to the
second “officer” substitute “an immigration officer or a person acting under
the directions of an immigration officer”.

(5) In sub-paragraph (4), in the words before paragraph (a)—

(a) 35for “produced or found” substitute “produced to or found by an
immigration officer”;

(b) for “an immigration officer” substitute “, the immigration officer”.