Immigration Bill (HL Bill 84)

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

(a) refer the proposed marriage to the Secretary of State;

(b) 5notify the parties to the proposed marriage that the proposed
marriage must be referred to the Secretary of State;

(c) give the parties to the proposed marriage prescribed
information about—

(i) the effects of the referral;

(ii) 10the requirement under regulations under section 28D
to notify the Secretary of State of changes of address.

(6) The superintendent registrar must act in accordance with
regulations when complying with the duty in subsection (5)(a) to
refer a proposed marriage to the Secretary of State.

(7) 15Regulations may, in particular, make provision about—

(a) the form, manner or timing of the referral of a proposed
marriage;

(b) information, photographs or evidence — or copies of any of
those things — to be included with the referral of a proposed
20marriage.

(8) Regulations are to be made by statutory instrument; and a statutory
instrument containing regulations is subject to annulment in
pursuance of a resolution of either House of Parliament.

(9) If the superintendent registrar refers the proposed marriage to the
25Secretary of State, this Act has effect in relation to the proposed
marriage subject to the modifications in Schedule 3A.

(10) In this section—

(a) a reference to a person being an exempt person has the same
meaning as in section 44 of the Immigration Act 2014;

(b) 30“prescribed information” means information prescribed in
regulations;

(c) “regulations” means regulations made by the Secretary of
State after consulting the Registrar General.”.

9 Before Schedule 4 insert—

“SCHEDULE 3A

Modifications if proposed marriage referred under section 28H

1 35Introduction

(1) These are the modifications subject to which this Act has effect if
the superintendent registrar refers a proposed marriage to the
Secretary of State.

(2) In this Schedule—

• 40“2014 Act” means the Immigration Act 2014;

• “referred marriage” means the proposed marriage referred to
  the Secretary of State.

2 No certificate to be issued until decision about investigation etc

(1) The duty under section 31(2) to issue a certificate in respect of the
referred marriage does not apply unless and until one of the
following events occurs.

(2) 5Event 1 occurs if—

(a) the Secretary of State gives the superintendent registrar the
section 43 notice, and

(b) that notice is of a decision not to investigate whether the
referred marriage is a sham.

(3) 10Event 2 occurs if—

(a) the relevant statutory period ends, and

(b) the Secretary of State has not given the superintendent
registrar the section 43 notice.

(4) Event 3 occurs if—

(a) 15the Secretary of State gives the superintendent registrar the
section 43 notice,

(b) that notice is of a decision to investigate whether the
referred marriage is a sham,

(c) the Secretary of State gives the superintendent registrar the
20section 45 notice, and

(d) that notice is of a decision that both of the parties to the
referred marriage have complied with the investigation.

(5) Event 4 occurs if—

(a) the 70 day period ends, and

(b) 25the Secretary of State has not given the superintendent
registrar the section 45 notice.

(6) Event 5 occurs if the Secretary of State gives the superintendent
registrar notice that the duty under section 31(2) is applicable.

(7) The Secretary of State may give a notice for that purpose only if—

(a) 30the Secretary of State has given the superintendent
registrar the section 43 notice,

(b) that notice is of a decision to investigate whether the
referred marriage is a sham,

(c) the Secretary of State has given the superintendent
35registrar the section 45 notice, and

(d) that notice is of a decision that one or both of the parties to
the referred marriage have not complied with the
investigation.

(8) This paragraph applies in addition to any other requirements
40applicable to the issue of the certificate.

(9) This paragraph is subject to paragraph 4.

(10) In this paragraph—

• “70 day period” has the same meaning as in section 45 of the
  2014 Act;

Immigration BillPage 72

• “relevant statutory period” has the same meaning as in
  section 43 of the 2014 Act;

• “section 43 notice” means notice under section 43(7) of the
  2014 Act;

• 5“section 45 notice” means notice under section 45(7) of the
  2014 Act.

3 Marriage to be investigated: extension of waiting period to 70 days

(1) The modifications in this paragraph have effect if the Secretary of
State gives the superintendent registrar notice under section 43(7)
10of the 2014 Act of a decision to investigate whether the referred
marriage is a sham.

(2) Section 31(2): the reference to the said period of 28 days has effect
as a reference to the relevant 70 day period.

(3) Section 31(4A)(a): the reference to the period of 28 days has effect
15as a reference to the relevant 70 day period.

(4) Section 31(5A) and (5C): the reference to the 28 day period has
effect as a reference to the relevant 70 day period.

(5) Section 31(5B) does not apply.

(6) Section 75(3)(a): the reference to 28 days has effect as a reference to
2070 days (and the reference in section 31(5C) to 28 days has effect
accordingly).

(7) In this paragraph “relevant 70 day period” means the period—

(a) beginning the day after notice of the proposed marriage is
entered in the marriage book in accordance with Part 3 of
25the Marriage Act 1949, or is entered in an approved
electronic form by virtue of section 27(4A) of that Act, and

(b) ending at the end of the period of 70 days beginning with
that day.

4 Effect of reducing statutory period

(1) 30This paragraph applies if—

(a) the Secretary of State gives notice under section 31(5EB) of
the grant of an application made under section 31(5A)
(reduction of statutory period) in relation to the referred
marriage, and

(b) 35that notice is given at a time when the duty under section
31(2) to issue a certificate in respect of the referred
marriage has not arisen in accordance with paragraph 2.

(2) The duty under subsection 31(2) to issue a certificate in respect of
the referred marriage arises on the giving of the notice, subject to
40any other requirements applicable to the issue of the certificate
being met.

(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
respect of the referred marriage is issued as mentioned in sub-
paragraph (2).

(5) 5But 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) In this paragraph “investigation” means an investigation,
conducted following a decision by the Secretary of State under
10section 43 of the 2014 Act, whether a proposed marriage is a
sham.”.

Notice period

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

(2) 15In section 31—

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

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

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

(3) 20After subsection (5E) insert—

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

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

(b) 25the power conferred by subsection (5A) is exercisable by the
Secretary of State;

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

(5EB) If the Secretary of State grants an application made under subsection
30(5A), the Secretary of State must give notice of the grant of the
application to the applicant and to the superintendent registrar to
whom notice of the marriage was given.

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

(5ED) 35The Secretary of State may by regulations make provision with
respect to the making, and granting, of applications made in
accordance with subsection (5EA).

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

(4) 40In 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   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) 5notice of marriage has been given under section 27, and

(b) a superintendent registrar has reasonable grounds for
suspecting 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
10parties to the proposed marriage are to be taken not to have given
notice under section 27; but that does not prevent criminal
proceedings 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
15refuse to issue certificates under section 31 in respect of marriages.

(4) In this section—

• “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
  20registrar that a party to a proposed marriage is an exempt
  person.”.

(3) In 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) 25after subsection (2) insert—

“(2A) In a case where—

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

(b) on an appeal against the refusal, the Registrar General
30directs that a certificate be issued,

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

(d) after subsection (3) insert—

“(3A) 35If—

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

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

40the person making the appeal is liable for the costs of the
proceedings before the Registrar General.”;

(e) in subsection (4)—

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

(ii) 45at the end insert “(in the case of subsection (3)) or evidence
that the Registrar General has declared the appeal to have
been 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) 5In 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) 10In 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)
15(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) 20Where 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
25marriage 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.

30One party resident in Scotland

13 In section 37 (one party resident in Scotland), in subsection (1)(b), for the
words from “with” to “Act” (in the first place) insert “with section 27 and the
other provisions of this Act”.

Proof of certain matters not necessary to validity of marriages

14 35In section 48 (proof of certain matters not necessary to validity of marriages),
in subsection (1)—

(a) omit the word “or” at the end of paragraph (e) (inserted by
paragraph 14(c) of Schedule 7 to the Marriage (Same Sex Couples)
Act 2013);

(b) 40at the end of paragraph (ea) (inserted by that provision of the
Marriage (Same Sex Couples) Act 2013) insert “or

(eb) that, in the case of a marriage to which Schedule 3A
applied, any of the events listed in paragraph 2(2) to
(6) of that Schedule occurred.”.

Regulations etc

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

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

5Offences

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

Relevant nationals

17 In section 78 (interpretation of the 1949 Act), in subsection (1), after the
10definition of “registration district” insert—

• ““relevant national” means—

  (a)

  a British citizen,

  (b)

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

  (c)

  15a national of Switzerland;”.

Part 2 Civil partnership

Introduction

18 The Civil Partnership Act 2004 is amended in accordance with this Part of
20this Schedule.

Supply of additional information and evidence

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

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

“(c) 25that the proposed civil partner believes all of the information
stated in the notice, and all information and evidence
supplied with the notice, is true.”.

(3) After subsection (5) insert—

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

20 30After section 8 insert—

“8A Additional information 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) But this section does not apply if Schedule 3 applies to the proposed
civil partnership.

(3) For each party to the proposed civil partnership who is not a relevant
national, 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
5immigration status.

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

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

(a) has the appropriate immigration status, nor

(b) 10holds a relevant visa in respect of the proposed civil
partnership.

(7) 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 referred to in the second column of
15that entry (insofar as that entry is applicable to the parties to the
proposed civil partnership)—

(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,
50subsection (7) does not require the notice to be accompanied by more
than one specified photograph of each party.

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

(a) the notice may be accompanied by a statement (“statement
55D”) of that person’s immigration position in the United
Kingdom;

(b) if the notice is accompanied by statement D for a party to the
proposed civil partnership, the person may provide the
registration authority with details of his or her immigration
60position in the United Kingdom; and

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

(10) In this section—

(a) a reference—

(i) 65to 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) 70a reference to the particular immigration status which a
person 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
75Kingdom 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
accordance with regulations made under section 9E (and for this
purpose “photograph” includes other kinds of images).”.

21 80For section 9 substitute—

“9 Evidence

(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) 85the 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 proposed civil partnership under section
908 must provide the registration authority to which the notice is given
with 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
accordance 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
5a 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) If the notice includes statement A (referred to in section 8A(4)), and
accordingly is accompanied by details of the particular immigration
10status which a party to the proposed civil partnership has, the notice
must be accompanied by specified evidence of that status.

(3) If the notice includes statement B (referred to in section 8A(5)), the
notice must be accompanied by specified evidence of the holding of
the relevant visa by the party to the proposed civil partnership.

(4) 15If, in accordance with section 8A(7), the notice is accompanied by the
usual address of a party to the proposed civil partnership, 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 8A(9)), the
20notice 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
accompanied by the specified evidence required by that subsection,
the notice must be accompanied by—

(a) 25photographs and addresses of the kinds referred to in
paragraphs 1 and 2 in the relevant entry in section 8A(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) 30addresses, names and aliases of the kinds referred to in
paragraphs 3 to 5 in the relevant entry in section 8A(7)
(insofar as those paragraphs are applicable to the parties to
the proposed civil partnership).

(7) In this section—

• 35“relevant entry in section 8A(7)” means the second column of
  the last entry in the table in section 8A(7);

• “specified evidence” means evidence that is in accordance with
  regulations made under section 9E.

9B Change of usual address or UK contact address

(1) 40The 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) notice of a UK contact address, if the person’s notified usual
45address 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
regulations under paragraph (a), (b) or (c).

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

(a) 5provision 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
provision of the kind that may be made under section 9E(3).

(4) 10In this section—

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

  (a)

  section 8A(7) or 9A(6), or

  (b)

  15regulations under this section;

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

  (a)

  section 8A(7) or 9A(6), or

  (b)

  regulations under this section.

9C 20Rejection 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) any evidence provided under section 9 or 9A,

25if (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
the rejected information, photograph or evidence had not been
30provided.

(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) The Secretary of State may by order—

(a) 35amend 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
where that section applies;

(c) 40make 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) The Secretary of State must consult the Registrar General before
45making an order under this section.