Immigration Bill (HL Bill 96)

(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.

(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 48 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 47 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 47 notice.

(4) Event 3 occurs if—

(a) 15the Secretary of State gives the superintendent registrar the
section 47 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 49 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 49 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 47 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 49 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 49 of the
  2014 Act;

Immigration BillPage 76

• “relevant statutory period” has the same meaning as in
  section 47 of the 2014 Act;

• “section 47 notice” means notice under section 47(7) of the
  2014 Act;

• 5“section 49 notice” means notice under section 49(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 47(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 47 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.”.