Immigration Bill (HL Bill 96)

(5) After sub-paragraph (8) insert—

“(8A) An immigration officer may retain a document seized under sub-
paragraph (7) while the officer has reasonable grounds for
believing that—

(a) 5the arrested person may be liable to removal from the
United Kingdom in accordance with a provision of the
Immigration Acts, and

(b) retention of the document may facilitate the person’s
removal.”

4 10In sections 28J(11) and 28K(14) of the Immigration Act 1971 (warrants -
safeguards and execution) after “paragraph 17(2)” insert “or 25A(6A)”.

General power to use reasonable force

5 In section 146(1) of the Immigration and Asylum Act 1999 (power of
immigration officer to use reasonable force when exercising powers under
15certain enactments) for “the 1971 Act or this Act” substitute “the
Immigration Acts”.

Section 12

SCHEDULE 2 Meaning of biometric information

Immigration Act 1971 (c. 77)Immigration Act 1971 (c. 77)

1 (1) 20Schedule 2 to the Immigration Act 1971 (entry control) is amended as
follows.

(2) In paragraph 4(5)—

(a) after “provide” insert “biometric”;

(b) omit from “about his external physical characteristics” to the end.

(3) 25After paragraph 4(5) insert—

“(6) Biometric information” has the meaning given by section 15 of
the UK Borders Act 2007.”

(4) In paragraph 18(2A), for “fingerprints” substitute “biometric information
(within the meaning given by section 15 of the UK Borders Act 2007)”.

30Immigration and Asylum Act 1999 (c. 33)Immigration and Asylum Act 1999 (c. 33)

2 (1) Section 144 of the Immigration and Asylum Act 1999 (provision for
collecting physical data other than fingerprints) is amended as follows.

(2) In subsection (1), for “data about external physical characteristics” substitute
“biometric information”.

(3) 35For subsection (2) substitute—

“(2) Biometric information” has the meaning given by section 15 of the
UK Borders Act 2007.”

Nationality, Immigration and Asylum Act 2002 (c. 41)Nationality, Immigration and Asylum Act 2002 (c. 41)

3 (1) Section 126 of the Nationality, Immigration and Asylum Act 2002 (power to
require provision of physical data with certain immigration applications) is
amended as follows.

(2) 5In subsection (1)—

(a) in paragraph (a), for “information about external physical
characteristics of the applicant” substitute “biometric information”;

(b) in paragraphs (b) and (c), for “information about his external
physical characteristics” substitute “biometric information”.

(3) 10In subsection (4)(a), (b) and (c), before “information” insert “biometric”.

(4) In subsection (9), after the definition of “authorised person” insert—

• ““biometric information” has the meaning given by section 15 of
  the UK Borders Act 2007,”.

(5) In that subsection, omit the definition of “external physical characteristics”
15(and the “and” before it).

4 (1) Section 127 of that Act (voluntary provision of physical data) is amended as
follows.

(2) In subsection (1), for “information about his external physical
characteristics” substitute “biometric information”.

(3) 20In subsection (2)(a) and (b), before “information” insert “biometric”.

(4) In subsection (3)—

(a) after paragraph (a) insert—

“(aa) biometric information”, and”;

(b) omit the “and” at the end of paragraph (b);

(c) 25omit paragraph (c).

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)

5 In section 35(2) of the Asylum and Immigration (Treatment of Claimants,
etc) Act 2004 (imposition of requirements to facilitate deportation or
removal), for paragraph (c) substitute—

“(c) 30provide biometric information (within the meaning of section
15 of the UK Borders Act 2007), or submit to a process by
means of which such information is obtained or recorded;”.

Section 19

SCHEDULE 3 Excluded residential tenancy agreements

35Social housing

1 (1) An agreement that grants a right of occupation in social housing.

(2) “Social housing” means accommodation provided to a person by virtue of a
relevant provision.

(3) “Relevant provision” means a provision of—

(a) in relation to England and Wales—

(i) Part 2 of the Housing Act 1985, or

(ii) Part 6 or 7 of the Housing Act 1996;

(b) 5in relation to Scotland, Part 1 or 2 of the Housing (Scotland) Act 1987;

(c) in relation to Northern Ireland—

(i) Chapter 4 of Part 2 of the Housing (Northern Ireland) Order
1981 (S.I. 1981/156 (N.I. 3)S.I. 1981/156 (N.I. 3)), or

(ii) Part 2 of the Housing (Northern Ireland) Order 1988 (S.I.
101988/1990 (N.I. 23)).

(4) Accommodation provided to a person by virtue of a relevant provision
includes accommodation provided in pursuance of arrangements made
under any such provision.

2 (1) This paragraph applies for the purposes of paragraph 1.

(2) 15An allocation of housing accommodation by a local housing authority in
England to a person who is already—

(a) a secure or introductory tenant, or

(b) an assured tenant of housing accommodation held by a private
registered provider of social housing or a registered social landlord,

20is to be treated as an allocation of housing accommodation by virtue of Part
6 of the Housing Act 1996 (and accordingly section 159(4A) of that Act is to
be ignored).

(3) An allocation of housing accommodation that falls within a case specified in,
or prescribed under, section 160 of the Housing Act 1996 (cases where
25provisions about allocation under Part 6 of that Act do not apply) is to be
treated as an allocation of housing accommodation by virtue of Part 6 of that
Act (and accordingly that section is to be ignored).

(4) An allocation of housing accommodation by virtue of Part 1 of the Housing
(Scotland) Act 1987 is to be treated as provided by virtue of a relevant
30provision only if it is provided by a local authority within the meaning of
that Act (or in pursuance of arrangements made under or for the purposes
of that Part with a local authority).

(5) Accommodation provided to a person in Northern Ireland by a registered
housing association is to be treated as provided to the person by virtue of a
35relevant provision.

(6) Terms used in sub-paragraphs (2) and (3) have the same meanings as in Part
6 of the Housing Act 1996.

(7) In sub-paragraph (5) “registered housing association” means a housing
association, within the meaning of Part 2 of the Housing (Northern Ireland)
40Order 1992 (S.I. 1992/1725 (N.I. 15)S.I. 1992/1725 (N.I. 15)), that is registered in the register of
housing associations maintained under Article 14 of that Order.

Care homes

3 (1) An agreement that grants a right of occupation in a care home.

(2) “Care home” means—

(a) in relation to England and Wales, an establishment that is a care
home for the purposes of the Care Standards Act 2000;

(b) in relation to Scotland, accommodation that is provided as a care
home service within the meaning of Part 5 of the Public Services
5Reform (Scotland) Act 2010;

(c) in relation to Northern Ireland, an establishment that is a residential
care home, or a nursing home, for the purposes of the Health and
Personal Social Services (Quality, Improvement and Regulation)
(Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)S.I. 2003/431 (N.I. 9)).

10Hospitals and hospices

4 (1) An agreement that grants a right of occupation of accommodation in a
hospital or hospice.

(2) “Hospital”—

(a) in relation to England, has the meaning given in section 275 of the
15National Health Service Act 2006;

(b) in relation to Wales, has the meaning given in section 206 of the
National Health Service (Wales) Act 2006;

(c) in relation to Scotland, has the meaning given in section 108 of the
National Health Service (Scotland) Act 1978;

(d) 20in relation to Northern Ireland, has the meaning given in Article 2(2)
of the Health and Personal Social Services (Northern Ireland) Order
1972 (S.I. 1972/1265 (N.I. 14)S.I. 1972/1265 (N.I. 14)).

(3) “Hospice” means an establishment other than a hospital whose primary
function is the provision of palliative care to persons resident there who are
25suffering from a progressive disease in its final stages.

Other accommodation relating to healthcare provision

5 (1) An agreement—

(a) under which accommodation is provided to a person as a result of a
duty imposed on a relevant NHS body by an enactment, and

(b) 30which is not excluded by another provision of this Schedule.

(2) “Relevant NHS body” means—

(a) in relation to England—

(i) a clinical commissioning group, or

(ii) the National Health Service Commissioning Board;

(b) 35in relation to Wales, a local health board;

(c) in relation to Scotland, a health board constituted by order made
under section 2 of the National Health Service (Scotland) Act 1978;

(d) in relation to Northern Ireland, a Health and Social Services trust.

Hostels and refuges

6 (1) 40An agreement that grants a right of occupation of accommodation in a hostel
or refuge.

(2) “Hostel” means a building which satisfies the following two conditions.

(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 51

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(8);

• 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 48 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 48(2) of that Act which
the person has;