Immigration Bill (HL Bill 84)

(3) The first condition is that the building is used for providing to persons
generally, or to a class of persons—

(a) residential accommodation otherwise than in separate and self-
contained premises, and

(b) 5board or facilities for the preparation of food adequate to the needs
of those persons (or both).

(4) The second condition is that any of the following applies in relation to the
building—

(a) it is managed by a registered housing association;

(b) 10it is not operated on a commercial basis and its costs of operation are
provided wholly or in part by a government department or agency,
or by a local authority;

(c) it is managed by a voluntary organisation or charity.

(5) “Refuge” means a building which satisfies the second condition in sub-
15paragraph (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) 20abuse of any other description (whether physical or mental in
nature), or

(d) threats of any such violence or abuse.

(6) In this paragraph—

• “government department” includes—

  (a)

  25any part of the Scottish Administration;

  (b)

  a Northern Ireland department;

  (c)

  the Welsh Assembly Government;

  (d)

  any body or authority exercising statutory functions on
  behalf of the Crown;

• 30“registered housing association” means—

  (a)

  a private registered provider of social housing;

  (b)

  a registered social landlord within the meaning of Part 1 of
  the Housing Act 1996 or section 165 of the Housing
  (Scotland) Act 2010;

  (c)

  35a housing association which is registered in a register
  maintained under Article 14 of the Housing (Northern
  Ireland) Order 1992 (S.I. 1992/1725 (N.I. 15)S.I. 1992/1725 (N.I. 15));

• “voluntary organisation” means a body, other than a public or local
  authority, whose activities are not carried on for profit.

40Accommodation from or involving local authorities

7 (1) An agreement—

(a) under which accommodation is provided to a person as a result of a
duty or relevant power that is imposed or conferred on a local
authority by an enactment (whether or not provided by the local
45authority), and

(b) which is not excluded by another provision of this Schedule.

(2) “Relevant power” means a power that is exercised for, or in connection with,
a purpose of providing accommodation to a person who is homeless or is
threatened with homelessness.

(3) In sub-paragraph (2) the references to a person who is homeless or is
5threatened with homelessness is to be read in accordance with—

(a) in relation to England and Wales, section 175 of the Housing Act
1996;

(b) in relation to Scotland, section 24 of the Housing (Scotland) Act 1987;

(c) in relation to Northern Ireland, Article 3 of the Housing (Northern
10Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23)S.I. 1988/1990 (N.I. 23)).

Accommodation provided by virtue of immigration provisions

8 An agreement granting a right of occupation of accommodation that is
provided to an individual by virtue of any of the following provisions of the
Immigration and Asylum Act 1999—

(a) 15section 4 (provision of accommodation to persons granted
temporary admission etc);

(b) section 95 (provision of support to asylum seekers etc);

(c) section 98 (provision of temporary support to asylum seekers etc).

Mobile homes

9 20An agreement to which the Mobile Homes Act 1983 applies.

Tied accommodation

10 (1) An agreement that grants a right of occupation of tied accommodation.

(2) “Tied accommodation” means accommodation that is provided—

(a) by an employer to an employee in connection with a contract of
25employment, or

(b) by a body providing training in a trade, profession or vocation to an
individual in connection with that training.

(3) In this paragraph “employer” and “employee” have the same meanings as in
the Employment Rights Act 1996 (see section 230 of that Act).

30Student accommodation

11 (1) An agreement that grants a right of occupation in a building which—

(a) comprises a hall of residence predominantly for the accommodation
of students, and

(b) satisfies either of the following conditions.

(2) 35The first condition is that the building is owned or managed by any of the
following—

(a) an institution within the meaning of paragraph 5 of Schedule 1 to the
Local Government Finance Act 1992;

(b) a body that is specified in regulations made under Article 42(2A) of
40the Rates (Northern Ireland) Order 1977 (S.I. 1977/2157 (N.I. 28)S.I. 1977/2157 (N.I. 28));

(c) a body established for charitable purposes only.

(3) The second condition is that the building is the subject of one or more
agreements allowing one or more institutions or bodies of the kind
mentioned in sub-paragraph (2) to nominate the majority of the persons who
are to occupy the accommodation provided in the hall of residence.

(4) 5In this paragraph “student”—

(a) in relation to England and Wales or Scotland, has the same meaning
as in paragraph 4 of Schedule 1 to the Local Government Finance Act
1992;

(b) in relation to Northern Ireland, means a person who satisfies such
10conditions as to education or training as may be specified in
regulations made under Article 42(2A) of the Rates (Northern
Ireland) Order 1977 (S.I. 1977/2157 (N.I. 28)S.I. 1977/2157 (N.I. 28)).

Long leases

12 (1) An agreement that—

(a) 15is, or is for, a long lease, or

(b) grants a right of occupation for a term of 7 years or more.

(2) “Long lease” means—

(a) in relation to England and Wales, a lease which is a long lease for the
purposes of Chapter 1 of Part 1 of the Leasehold Reform, Housing
20and Urban Development Act 1993 or which, in the case of a shared
ownership lease (within the meaning given by section 7(7) of that
Act), would be such a lease if the tenant’s total share (within the
meaning given by that section) were 100 per cent;

(b) in relation to Scotland, has the meaning given by section 9(2) of the
25Land Registration (Scotland) Act 2012.

(3) An agreement does not grant a right of occupation for a term of 7 years or
more if the agreement can be terminated at the option of a party before the
end of 7 years from the commencement of the term.

Interpretation

13 (1) 30This paragraph applies for the purposes of this Schedule.

(2) “Building” includes a part of a building.

(3) “Enactment” includes—

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

(b) 35an 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 or Act of the National Assembly for Wales;

(d) an enactment contained in, or in an instrument made under,
40Northern Ireland legislation.

(4) “Local authority” means—

(a) in relation to England—

(i) a county, district or parish council in England,

(ii) a London borough council,

(iii) the Common Council of the City of London in its capacity as
a local authority, or

(iv) the Council of the Isles of Scilly;

(b) in relation to Wales, any county, county borough or community
5council in Wales;

(c) in relation to Scotland, a council constituted under section 2 of the
Local Government etc (Scotland) Act 1994;

(d) in relation to Northern Ireland, a district council constituted under
section 1 of the Local Government Act (Northern Ireland) 1972 (c. 9
10(N.I.)).

Section 47

SCHEDULE 4 Referral of proposed marriages and civil partnerships in England and Wales

Part 1 Marriage

15Introduction

1 The Marriage Act 1949 is amended in accordance with this Part of this
Schedule.

Supply of additional information and evidence

2 (1) Section 27 (notice of marriage) is amended in accordance with this
20paragraph.

(2) In subsection (3), after “surname,” insert “the date of birth,”.

(3) In subsection (4), for “27A” substitute “27ZA”.

3 (1) After section 27 insert—

27ZA   Entry of particulars in notice book: compliance with requirements

25The superintendent registrar shall not enter the particulars relating
to a marriage in the marriage notice book in accordance with section
27(4), or in an approved electronic form by virtue of section 27(4A),
in a case where any of the following requirements is applicable but
is not complied with—

(a) 30a requirement imposed by or under any of the following
provisions of this Act—

• section 27A(2) or (3);

• section 27A(4);

• section 27B(2);

• 35section 27E(3) to (7);

• section 27E(9);

• section 28B(1);

• section 28C(4) or (6);

(b) the requirement imposed by section 19(2) of the Asylum and
40Immigration (Treatment of Claimants, etc) Act 2004.”.

(2) Omit section 27A(5).

4 After section 27D insert—

“27E Additional information if party not relevant national

(1) This section applies to notice of marriage given to a superintendent
5registrar in accordance with section 27 if one, or each, of the parties
to the proposed marriage is not a relevant national.

(2) But this section does not apply if section 39A applies to the proposed
marriage.

(3) For each party to the proposed marriage who is not a relevant
10national, the notice must include whichever of statements A, B or C
is applicable to that person.

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

(5) Statement B is a statement that the person holds a relevant visa in
15respect of the proposed marriage.

(6) 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 marriage.

(7) If the notice contains the statement referred to in the first column of
20an entry in this table, the notice must be accompanied by the
information and photographs referred to in the second column of
that entry (insofar as that entry is applicable to the parties to the
proposed marriage)—

(8) If the notice contains more than one of statements A, B and C,
subsection (7) must be complied with in relation to each of those
statements; but where the notice contains statements B and C,
subsection (7) does not require the notice to be accompanied by more
25than one specified photograph of each party.

(9) If the notice includes statement C for a party to the proposed
marriage—

(a) the notice may be accompanied by a statement (“statement
D”) of that person’s immigration position in the United
30Kingdom;

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

(c) 35if any such details are provided, the superintendent registrar
must record them.

(10) In this section—

(a) a reference—

(i) to a person having the appropriate immigration
40status, 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
45person 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
entitled to be in the United Kingdom.

(11) In this section “specified photograph” means a photograph that is in
5accordance with regulations made under section 28G (and for this
purpose “photograph” includes other kinds of images).

5 In section 28 (declaration to accompany notice of marriage), in subsection
(1), after paragraph (c) insert—

“(d) that he or she believes all of the information stated in the
10notice, and all information and evidence supplied with the
notice, is true.”.

6 (1) Section 28A (power to require evidence) is amended in accordance with this
paragraph.

(2) For the title substitute “Power to require evidence of consent to marriages
15of same sex couples”.

(3) Omit subsection (1).

(4) In subsection (2), for the words before “may” substitute “A requirement
under subsection (1A)”.

(5) Omit subsection (3)

7 20After section 28A insert—

“28B Provision of evidence

(1) A notice of marriage under section 27 must, in relation to each of the
parties to the marriage, be accompanied by specified evidence of the
following matters—

(a) 25the person’s name and surname;

(b) the person’s date of birth;

(c) the person’s place of residence;

(d) the person’s nationality.

(2) A person giving a notice of marriage under section 27 must provide
30the superintendent registrar to whom the notice is given with
specified evidence—

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

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

(3) 35In this section “specified evidence” means evidence that is in
accordance with regulations made under section 28G.

28C Additional evidence if party not relevant national

(1) This section applies to notice of marriage given to a superintendent
registrar in accordance with section 27 if one, or each, of the parties
40to the proposed marriage is not a relevant national.

(2) If the notice includes statement A (referred to in section 27E(4)), and
accordingly is accompanied by details of the particular immigration
status which a party to the proposed marriage has, the notice must
be accompanied by specified evidence of that status.

(3) If the notice includes statement B (referred to in section 27E(5)), the
notice must be accompanied by specified evidence of the holding of
the relevant visa by the party to the proposed marriage.

(4) If, in accordance with section 27E(7), the notice is accompanied by
5the usual address of a party to the proposed marriage, the notice
must 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 27E(9)), the
notice may be accompanied by evidence of the person’s immigration
10position in the United Kingdom.

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

(a) photographs and addresses of the kinds referred to in
15paragraphs 1 and 2 in the relevant entry in section 27E(7);

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

(c) addresses, names and aliases of the kinds referred to in
20paragraphs 3 to 5 in the relevant entry in section 27E(7)
(insofar as those paragraphs are applicable to the parties to
the proposed marriage).

(7) In this section—

• “relevant entry in section 27E(7)” means the second column of
  25the last entry in the table in section 27E(7);

• “specified evidence” means evidence that is in accordance with
  regulations made under section 28G.

28D Change of usual address or UK contact address

(1) The Secretary of State may, by regulations, make provision about the
30giving to the Secretary of State of—

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

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

(c) 35notice 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
regulations under paragraph (a), (b) or (c).

(2) The provision that may be made in regulations under this section
40includes—

(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 subsection (1)(d) may, in particular, make any
45provision of the kind that may be made under section 28G(3).

(4) Regulations under this section are to be made by statutory
instrument; and a statutory instrument containing such regulations

is subject to annulment in pursuance of a resolution of either House
of Parliament.

(5) In this section—

• “notified UK contact address” means an address in the United
  5Kingdom, at which a person can be contacted by post, that
  has been notified in accordance with—

  (a)

  section 27E(7) or 28C(6), or

  (b)

  regulations under this section;

• “notified usual address” means the usual address of a person
  10that has been notified in accordance with—

  (a)

  section 27E(7) or 28C(6), or

  (b)

  regulations under this section.

28E Rejection of false information or evidence

(1) A superintendent registrar may reject—

(a) 15any information or photograph provided under section 27,
27E or 28C, or

(b) any evidence provided under section 28A, 28B or 28C,

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

(2) 20If the superintendent registrar rejects any information, photograph
or evidence, the superintendent registrar may proceed under this
Act as if the rejected information, photograph or evidence had not
been provided.

(3) This section does not limit the powers of superintendent registrars to
25reject anything provided under any other enactment.

28F Amendment of notice and evidence provisions

(1) The Secretary of State may by order—

(a) amend section 27, 27E or 28C so as to vary the information
that must or may be given in cases where that section applies;

(b) 30amend section 28B or 28C so as to vary the matters in respect
of which evidence must or may be given in cases where that
section applies;

(c) make such provision (including provision amending section
27ZA, 28D or 28G or any other enactment) as the Secretary of
35State considers appropriate in consequence of provision
made under paragraph (a) or (b).

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

(3) An order under this section is to be made by statutory instrument;
40and no statutory instrument containing such an order may be made
unless a draft of it has been laid before, and approved by resolution
of, each House of Parliament.

28G Specified evidence

(1) The Registrar General may make regulations about the evidence that
45is required to be given for the purposes of section 8, 16 or 28B.

(2) The Secretary of State may make regulations about the evidence that
is required to be given for the purposes of section 28C.

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

(a) 5the 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;

(e) the supply of further evidence;

(f) 10the 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) 15the retention or copying of evidence supplied.

(d)(d)the 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
20accordance 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.

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

(5) 25The Secretary of State must consult the Registrar General before
making regulations under this section.

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

(7) Regulations under this section are to be made by statutory
30instrument.

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

Referral to Secretary of State

8 35After section 28G insert—

“28H Referral of proposed marriage to Secretary of State

(1) On every occasion when notice of marriage is given under section 27,
a superintendent registrar must decide whether or not each of the
parties to the proposed marriage is an exempt person.

(2) 40But this section does not apply if section 39A applies to the proposed
marriage.

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

(4) 45In a case where—

(a) section 27E applies to the notice of marriage, and

(b) specified evidence required by section 28C(2) or (3) in
relation to a party to the proposed marriage is not produced
in accordance with that section,

50the superintendent registrar must decide that that party to the
proposed marriage is not an exempt person.