(b) after subsection (3) insert—

“(3A) If—

(a) in reliance on section 14A, a registration authority
refuses to issue a civil partnership schedule, and

(b) 5on an appeal against the refusal, the Registrar General
declares that the appeal is frivolous,

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

(c) in subsection (4), for “such costs and damages” substitute “costs and
10damages in accordance with subsection (3) or (3A)”.

Relevant nationals

27 After section 30 insert—

“30A Relevant nationals

In this Chapter “relevant national” means—

(a) 15a British citizen,

(b) a national of an EEA State other than the United Kingdom, or

(c) a national of Switzerland.”.

Regulations and orders

28 (1) Section 36 (regulations and orders) is amended in accordance with this
20paragraph.

(2) In subsection (3), after “6A” insert “9B, 9E(2), 12(7) or 12A”.

(3) In subsection (5), after “6A” insert “9B, 9E(2) or 12A”.

(4) In subsection (6), after “section” insert “9D or”.

Proof of certain matters not necessary to validity of civil partnership

29 25In section 52 (proof of certain matters not necessary to validity of civil
partnership), in subsection (1)—

(a) omit the word “or” at the end of paragraph (a);

(b) at the end of paragraph (aa) insert “or

(ab) that, in the case of a civil partnership to which
30Schedule 3A applied, any of the events listed in
paragraph 2(2) to (6) of that Schedule occurred.”.

Section 53

SCHEDULE 5 Sham marriage and civil partnership: administrative regulations

Introduction

1 (1) 35This Schedule sets out the kinds of regulations which may be made by the
Secretary of State under section 53(2).

(2) In this Schedule—

Immigration BillPage 91

• “extension order” has the meaning given in section 53(1);

  (ab) “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
5the 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) 10a 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
15State 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
20accordance 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) 25the 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) the sufficiency of evidence supplied;

(g) the consequences of failing to supply sufficient evidence in
30accordance 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—

• 35“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.

40Change 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) 5notice 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) 10provision 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) 15In 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
  20provision 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
  25them 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
30accordance 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.

(3) 35The 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) 40any 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
  45Ireland marriage or civil partnership to the Secretary of State for the
  purposes of the referral and investigation scheme;

Immigration BillPage 93

• “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
5granting, 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
10by 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;

• 15“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
  20solemnized or formed in due course).

Section 58

SCHEDULE 6 Information

Part 1 Disclosure of information etc where proposed marriage or civil partnership
25referred to Secretary of State

1 (1) This paragraph applies if—

(a) a superintendent registrar refers a proposed marriage to the
Secretary of State under section 28H of the Marriage Act 1949, or

(b) a registration authority refers a proposed civil partnership to the
30Secretary of State under section 12A of the Civil Partnership Act
2004.

(2) The Secretary of State may—

(a) disclose relevant information to a registration official, or

(b) supply a document containing relevant information to a registration
35official.

(3) In this paragraph “relevant information” means any of the following
information—

(a) the fact that the proposed marriage or civil partnership has been
referred to the Secretary of State;

(b) 40the names of the parties to the proposed marriage or civil
partnership;

(c) in the case of a proposed marriage—

(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 62

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.”