(6) A breach of the code—

(a) does not make a person liable to civil or criminal proceedings, but

(b) may be taken into account by a court or tribunal.

General

34 5Orders

(1) An order prescribing requirements for the purposes of this Chapter may, in
particular, require a landlord or agent to—

(a) obtain a document of a prescribed description from relevant occupiers
before or during the course of a residential tenancy agreement;

(b) 10obtain one document of each of a number of prescribed descriptions
from relevant occupiers before or during the course of a residential
tenancy agreement;

(c) take steps to verify, retain, copy or record the content of a document
obtained in accordance with the order;

(d) 15take such other steps before or during the course of a residential
tenancy agreement as the order may specify.

(2) If the draft of an instrument containing an order under or in connection with
this Chapter would, apart from this subsection, be a hybrid instrument for the
purposes of the standing orders of either House of Parliament, it is to proceed
20in that House as if it were not a hybrid instrument.

35 Transitional provision

(1) This Chapter does not apply in relation to a residential tenancy agreement
entered into before the commencement day.

(2) This Chapter does not apply in relation to a residential tenancy agreement
25entered into on or after the commencement day (“the renewed agreement”)
if—

(a) another residential tenancy agreement was entered into before the
commencement day between the same parties (“the original
agreement”), and

(b) 30the tenant has always had a right of occupation of the premises leased
under the renewed agreement since entering into the original
agreement.

(3) In this section “the commencement day” means such day as the Secretary of
State may by order appoint; and different days may be appointed for different
35purposes or areas.

36 Crown application

This Chapter binds the Crown, except where the Crown is the responsible
landlord for the purposes of section 23.

37 Interpretation

(1) 40In this Chapter—

• “adult” means a person who has attained the age of 18;

Immigration BillPage 31

• “agreement” includes an agreement in any form (whether or not in
  writing);

• “eligibility period”, in relation to a limited right occupier, is to be read in
  accordance with section 27;

• 5“limited right occupier” has the meaning given in section 24(9);

• “occupy” means occupy as an only or main residence;

• “penalty notice” means a penalty notice given under this Chapter;

• “person with a limited right to rent” has the meaning given in section
  21(4);

• 10“post-grant contravention” has the meaning given in section 22(10);

• “pre-grant contravention” has the meaning given in section 22(10);

• “premises” includes land, buildings, moveable structures, vehicles and
  vessels;

• “prescribed” means prescribed in an order made by the Secretary of State;

• 15“recipient” means the recipient of a penalty notice;

• “relevant occupier” has the meaning given in section 22(10);

• “residential tenancy agreement” has the meaning given in section 20(2).

(2) For the purposes of this Chapter a residential tenancy agreement grants a
person a right to occupy premises if—

(a) 20the agreement expressly grants that person the right (whether or not by
naming the person), or

(b) the person is permitted to occupy the premises by virtue of an express
grant given to another person,

and references to a person occupying premises under an agreement are to be
25read accordingly.

(3) A reference in this Chapter to the “prescribed requirements”, in connection
with compliance with the requirements at a particular time, is a reference only
to such of the requirements as are capable of being complied with at that time.

(4) Where two or more persons jointly constitute the landlord in relation to a
30residential tenancy agreement—

(a) the references to the landlord in—

(i) section 22(7)(a),

(ii) section 24(5), (6)(a) and (7), and

(iii) section 26(6)(a) and (7)(b),

35are to be taken as references to any of those persons;

(b) any other references to the landlord in this Chapter are to be taken as
references to all of those persons.

(5) Where two or more persons jointly constitute the agent in relation to a
residential tenancy agreement—

(a) 40the references to the agent in section 26(5), (6)(a) and (7) are to be taken
as references to any of those persons;

(b) any other references to the agent in this Chapter are to be taken as
references to all of those persons.

(6) The Secretary of State may by order prescribe cases in which—

(a) 45a residential tenancy agreement is, or is not, to be treated as being
entered into for the purposes of this Chapter;

(b) a person is, or is not, to be treated as occupying premises as an only or
main residence for the purposes of this Chapter.

(7) An order under subsection (6) prescribing a case may modify the application
of this Chapter in relation to that case.

(8) The cases mentioned in subsection (6)(a) include, in particular, cases where—

(a) an option to renew an agreement is exercised;

(b) 5rights of occupation under an agreement are varied;

(c) an agreement is assigned (whether by the landlord or the tenant);

(d) a periodic tenancy arises at the end of a fixed term;

(e) an agreement grants a right of occupation on satisfaction of a condition;

(f) there is a change in the persons in occupation of the premises leased
10under the agreement or in the circumstances of any such person.

CHAPTER 2 Other services etc

National Health Service

38 Immigration health charge

(1) The Secretary of State may by order provide for a charge to be imposed on—

(a) 15persons who apply for immigration permission, or

(b) any description of such persons.

(2) “Immigration permission” means—

(a) leave to enter or remain in the United Kingdom for a limited period,

(b) entry clearance which, by virtue of provision made under section 3A(3)
20of the Immigration Act 1971, has effect as leave to enter the United
Kingdom for a limited period, or

(c) any other entry clearance which may be taken as evidence of a person’s
eligibility for entry into the United Kingdom for a limited period.

(3) An order under this section may in particular—

(a) 25impose a separate charge on a person in respect of each application
made by that person;

(b) specify the amount of any charge (and different amounts may be
specified for different purposes);

(c) make provision about when or how a charge may or must be paid to the
30Secretary of State;

(d) make provision about the consequences of a person failing to pay a
charge (including provision for the person’s application to be refused);

(e) provide for exemptions from a charge;

(f) provide for the reduction, waiver or refund of part or all of a charge
35(whether by conferring a discretion or otherwise).

(4) In specifying the amount of a charge under subsection (3)(b) the Secretary of
State must (among other matters) have regard to the range of health services
that are likely to be available free of charge to persons who have been given
immigration permission.

(5) 40Sums paid by virtue of an order under this section must—

(a) be paid into the Consolidated Fund, or

(b) be applied in such other way as the order may specify.

(6) In this section—

• “entry clearance” has the meaning given by section 33(1) of the
  Immigration Act 1971;

• 5“health services” means services provided as part of the health service in
  England, Wales, Scotland and Northern Ireland;

and the references to applying for leave to enter or remain for a limited period
include references to applying for a variation of leave to enter or remain which
would result in leave to enter or remain for a limited period.

39 10Related provision: charges for health services

(1) A reference in the NHS charging provisions to persons not ordinarily resident
in Great Britain or persons not ordinarily resident in Northern Ireland includes
(without prejudice to the generality of that reference) a reference to—

(a) persons who require leave to enter or remain in the United Kingdom
15but do not have it, and

(b) persons who have leave to enter or remain in the United Kingdom for
a limited period.

(2) The “NHS charging provisions” are—

(a) section 175 of the National Health Service Act 2006 (charges in respect
20of persons not ordinarily resident in Great Britain);

(b) section 124 of the National Health Service (Wales) Act 2006 (charges in
respect of persons not ordinarily resident in Great Britain);

(c) section 98 of the National Health Service (Scotland) Act 1978 (charges
in respect of persons not ordinarily resident in Great Britain);

(d) 25Article 42 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)) (provision of services to persons
not ordinarily resident in Northern Ireland).

Bank accounts

40 Prohibition on opening current accounts for disqualified persons

(1) 30A bank or building society (B) must not open a current account for a person (P)
who is within subsection (2) unless—

(a) B has carried out a status check which indicates that P is not a
disqualified person, or

(b) at the time when the account is opened B is unable, because of
35circumstances that cannot reasonably be regarded as within its control,
to carry out a status check in relation to P.

(2) A person is within this subsection if he or she—

(a) is in the United Kingdom, and

(b) requires leave to enter or remain in the United Kingdom but does not
40have it.

(3) For the purposes of this section—

(a) carrying out a “status check” in relation to P means checking with a
specified anti-fraud organisation or a specified data-matching
authority whether, according to information supplied to that

organisation or authority by the Secretary of State, P is a disqualified
person;

(b) a “disqualified person” is a person within subsection (2) for whom the
Secretary of State considers that a current account should not be
5opened by a bank or building society;

(c) opening an account for P includes—

(i) opening a joint account for P and others;

(ii) opening an account in relation to which P is a signatory or is
identified as a beneficiary;

(iii) 10adding P as an account holder or as a signatory or identified
beneficiary in relation to an account.

(4) In subsection (3)(a)—

• “anti-fraud organisation” has the same meaning as in section 68 of the
  Serious Crime Act 2007;

• 15“data-matching authority” means a person or body conducting data
  matching exercises, within the meaning of Schedule 9 to the Local
  Audit and Accountability Act 2013, under or by virtue of that or any
  other Act;

• “specified” means specified by an order made by the Secretary of State for
  20the purposes of this section.

(5) Subsection (1)(b) does not apply where—

(a) a bank or building society is required to pay a reasonable fee for
carrying out status checks, and

(b) its inability to carry out a status check is due to its failure to pay the fee.

(6) 25A bank or building society that refuses to open a current account for someone
on the ground that he or she is a disqualified person must tell the person, if it
may lawfully do so, that that is the reason for its refusal.

41 Regulation by Financial Conduct Authority

(1) The Treasury may make regulations to enable the Financial Conduct Authority
30to make arrangements for monitoring and enforcing compliance with the
prohibition imposed on banks and building societies by section 40.

(2) The regulations may (in particular)—

(a) provide for the Financial Conduct Authority to be given free access to
the information to which banks and building societies are given access
35when carrying out status checks under section 40;

(b) apply, or make provision corresponding to, any of the provisions of the
Financial Services and Markets Act 2000, including in particular those
mentioned in subsection (3), with or without modification.

(3) The provisions are—

(a) 40provisions about investigations, including powers of entry and search
and criminal offences;

(b) provisions for the grant of an injunction (or, in Scotland, an interdict) in
relation to a contravention or anticipated contravention;

(c) provisions giving the Financial Conduct Authority powers to impose
45disciplinary measures (including financial penalties) or to give
directions;

(d) provisions giving a Minister of the Crown (within the meaning of the
Ministers of the Crown Act 1975) or the Financial Conduct Authority
powers to make subordinate legislation;

(e) provisions for the Financial Conduct Authority to charge fees.

42 5“Bank” and “building society”

(1) In sections 40 and 41 “bank” means an authorised deposit-taker that has its
head office or a branch in the United Kingdom.

This is subject to subsection (4).

This is subject to subsection (4).

(2) 10In subsection (1) “authorised deposit-taker” means—

(a) a person who under Part 4A of the Financial Services and Markets Act
2000 has permission to accept deposits;

(b) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to
that Act that has permission under paragraph 15 of that Schedule (as a
15result of qualifying for authorisation under paragraph 12(1) of that
Schedule) to accept deposits.

(3) A reference in subsection (2) to a person or firm with permission to accept
deposits does not include a person or firm with permission to do so only for the
purposes of, or in the course of, an activity other than accepting deposits.

(4) 20“Bank” does not include—

(a) a building society;

(b) a person who is specified, or is within a class of persons specified, by an
order under section 38 of the Financial Services and Markets Act 2000
(exemption orders);

(c) 25a credit union within the meaning given by section 31(1) of the Credit
Unions Act 1979 or by Article 2(2) of the Credit Unions (Northern
Ireland) Order 1985;

(d) a friendly society within the meaning given by section 116 of the
Friendly Societies Act 1992.

(5) 30In sections 40 and 41, and in subsection (4), “building society” means a building
society incorporated (or deemed to be incorporated) under the Building
Societies Act 1986.

43 Power to amend

(1) The Treasury may by order amend any of sections 40 to 42 so as—

(a) 35to alter the categories of financial institution to which those sections
apply;

(b) to alter the categories of account to which the prohibition in section
40(1) applies;

(c) to include provision defining a category of account specified in that
40section;

(d) to provide for the prohibition in section 40(1) not to apply in the case of
an account to be operated (or an account that is operated) by or for a
person or body of a specified description.

(2) An order under subsection (1) may amend a section so that it provides for a
45matter to be specified in a further order to be made by the Treasury.

(3) In subsection (1) “account” includes a financial product by means of which a
payment may be made.

Work

44 Appeals against penalty notices

5In section 17 of the Immigration, Asylum and Nationality Act 2006 (appeal), for
subsections (4) and (5) substitute—

“(4A) An appeal may be brought only if the employer has given a notice of
objection under section 16 and the Secretary of State—

(a) has determined the objection by issuing to the employer the
10penalty notice (as a result of increasing the penalty under
section 16(4)(c)),

(b) has determined the objection by—

(i) reducing the penalty under section 16(4)(b), or

(ii) taking no action under section 16(4)(d), or

(c) 15has not informed the employer of a decision before the end of
the period that applies for the purposes of section 16(5)(b).

(4B) An appeal must be brought within the period of 28 days beginning with
the relevant date.

(4C) Where the appeal is brought under subsection (4A)(a), the relevant date
20is the date specified in the penalty notice issued in accordance with
section 16(5)(c) as the date on which it is given.

(4D) Where the appeal is brought under subsection (4A)(b), the relevant date
is the date specified in the notice informing the employer of the
decision for the purposes of section 16(5)(b) as the date on which it is
25given.

(4E) Where the appeal is brought under subsection (4A)(c), the relevant date
is the date on which the period that applies for the purposes of section
16(5)(b) ends.”

45 Recovery of sums payable under penalty notices

30In section 18 of the Immigration, Asylum and Nationality Act 2006
(enforcement), for subsections (1) and (2) substitute—

“(1) This section applies where a sum is payable to the Secretary of State as
a penalty under section 15.

(1A) In England and Wales the penalty is recoverable as if it were payable
35under an order of the county court.

(1B) In Scotland, the penalty may be enforced in the same manner as an
extract registered decree arbitral bearing a warrant for execution issued
by the sheriff court of any sheriffdom in Scotland.

(1C) In Northern Ireland the penalty is recoverable as if it were payable
40under an order of a county court in Northern Ireland.

(1D) Where action is taken under this section for the recovery of a sum
payable as a penalty under section 15, the penalty is—

(a) in relation to England and Wales, to be treated for the purposes
of section 98 of the Courts Act 2003 (register of judgments and
orders etc) as if it were a judgment entered in the county court;

(b) in relation to Northern Ireland, to be treated for the purposes of
5Article 116 of the Judgments Enforcement (Northern Ireland)
Order 1981 (S.I. 1981/226 (N.I. 6)S.I. 1981/226 (N.I. 6)) (register of judgments) as if it
were a judgment in respect of which an application has been
accepted under Article 22 or 23(1) of that Order.”

Driving licences

46 10Grant of driving licences: residence requirement

(1) In section 97 of the Road Traffic Act 1988 (grant of licences), in the opening
words of subsection (1), after “who” insert “meets the relevant residence
requirement (see section 97A) and”.

(2) After that section insert—

“97A 15Residence requirement

(1) For the purposes of an application under section 97, a person meets the
relevant residence requirement if, on the date the application is made—

(a) in the case of an application that is made by virtue of section
89(1)(ea) (application by holder of Community licence), the
20applicant is lawfully resident in the United Kingdom and—

(i) is also normally resident in the United Kingdom, or

(ii) has been attending a course of study in the United
Kingdom during the period of six months ending on
that date;

(b) 25in the case of an application that is made by virtue of section
89(1)(f) (application by holder of exchangeable licence), the
applicant is normally and lawfully resident in Great Britain but
has not been so resident for more than the prescribed period;

(c) in the case of an application that is made by virtue of section
3097(2) (application for provisional licence), the applicant is
lawfully resident in Great Britain and the Secretary of State is
satisfied that the applicant will remain so for not less than 185
days; and

(d) in any other case, the applicant is normally and lawfully
35resident in Great Britain.

(2) For the purposes of subsection (1) a person is not lawfully resident in
Great Britain or the United Kingdom if the person requires leave to
enter or remain in the United Kingdom but does not have it.”

(3) In Article 13 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154S.I. 1981/154
40(N.I. 1)) (grant of licences), in the opening words of paragraph (1), after “who”
insert “meets the relevant residence requirement (see Article 13A) and”.

(4) After that Article insert—

“13A Residence requirement

(1) For the purposes of an application under Article 13, a person meets the
45relevant residence requirement if, on the date the application is made—

(a) in the case of an application that is made by virtue of Article
5(1)(ea) (application by holder of Community licence), the
applicant is lawfully resident in the United Kingdom and—

(i) is also normally resident in the United Kingdom, or

(ii) 5has been attending a course of study in the United
Kingdom during the period of six months ending on
that date;

(b) in the case of an application that is made by virtue of Article
5(1)(f) (application by holder of exchangeable licence), the
10applicant is normally and lawfully resident in Northern Ireland
but has not been so resident for more than the prescribed
period;

(c) in the case of an application that is made by virtue of Article
13(2) (application for provisional licence), the applicant is
15lawfully resident in Northern Ireland and the Department is
satisfied that the applicant will remain so for not less than 185
days; and

(d) in any other case, the applicant is normally and lawfully
resident in Northern Ireland.

(2) 20For the purposes of paragraph (1) a person is not lawfully resident in
Northern Ireland or the United Kingdom if the person requires leave to
enter or remain in the United Kingdom but does not have it.”

47 Revocation of driving licences on grounds of immigration status

(1) In section 99 of the Road Traffic Act 1988 (duration of licences)—

(a) 25after subsection (3) insert—

“(3ZA) Where it appears to the Secretary of State that a licence holder is
not lawfully resident in the United Kingdom, the Secretary of
State may serve notice in writing on that person revoking the
licence and requiring the person to surrender the licence and its
30counterpart forthwith to the Secretary of State, and it is the duty
of that person to comply with the requirement.

(3ZB) For the purposes of subsection (3ZA) a person is not lawfully
resident in the United Kingdom if the person requires leave to
enter or remain in the United Kingdom but does not have it.”;

(b) 35in subsection (5), after “(3)” insert “, (3ZA)”;

(c) in subsection (7ZZA)—

(i) after “(3)” insert “, (3ZA)”;

(ii) after “subsections and” insert “, except in the case of a licence
and counterpart surrendered in pursuance of subsection
40(3ZA),”.

(2) In section 100 of that Act (appeals)—

(a) in subsection (1)(c), after “99(3)” insert “, (3ZA)”;

(b) at the end insert—

“(4) In any proceedings under this section about the revocation of a
45licence in pursuance of section 99(3ZA) (revocation on grounds
of immigration status), the court or sheriff is not entitled to
entertain any question as to whether—

(a) the appellant should be, or should have been, granted
leave to enter or remain in the United Kingdom, or

(b) the appellant has, after the date that the Secretary of
State served notice under section 99(3ZA), been granted
5leave to enter or remain in the United Kingdom.”

(3) In Article 15 of the Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154S.I. 1981/154
(N.I. 1)) (duration of licences)—

(a) after paragraph (5) insert—

“(5ZA) Where it appears to the Department that a licence holder is not
10lawfully resident in the United Kingdom, the Department may
serve notice in writing on that person revoking the licence and
requiring the person to surrender the licence and its counterpart
forthwith to the Department, and it is the duty of that person to
comply with the requirement.

(5ZB) 15For the purposes of paragraph (5ZA) a person is not lawfully
resident in the United Kingdom if the person requires leave to
enter or remain in the United Kingdom but does not have it.”;

(b) in paragraph (7), after “(5)” insert “, (5ZA)”.

(4) In Article 16 of that Order (appeals)—

(a) 20in paragraph (1)(c), after “15(5)” insert “, (5ZA)”;

(b) at the end insert—

“(4) In any proceedings under this Article about the revocation of a
licence in pursuance of Article 15(5ZA) (revocation on grounds
of immigration status), the court is not entitled to entertain any
25question as to whether—

(a) the appellant should be, or should have been, granted
leave to enter or remain in the United Kingdom, or

(b) the appellant has, after the date that the Department
served notice under Article 15(5ZA), been granted leave
30to enter or remain in the United Kingdom.”

Part 4 Marriage and civil partnership

CHAPTER 1 Referral and investigation of proposed marriages and civil partnerships

Investigation

48 35Decision whether to investigate

(1) This section 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
40Secretary of State under section 12A of the Civil Partnership Act 2004.