Immigration Bill (HL Bill 98)

(b) notices relating to the referral of proposed marriages under section 28H
of the Marriage Act 1949 which are given under any provision of that
Act;

(c) notices relating to the referral of proposed civil partnerships under
5section 12A of the Civil Partnership Act 2004 which are given under
any provision of that Act.

(2) The regulations may, in particular, make provision that a notice given in
accordance with the regulations is to be presumed to have been received by the
person to whom it is given.

(3) 10The Secretary of State must consult the Registrar General before making
regulations under this section.

62 Interpretation of this Part

(1) These expressions have the meanings given—

• “exempt person” has the meaning given in section 49;

• 15“registrar” means a registrar of births, deaths and marriages;

• “Registrar General” means the Registrar General for England and Wales;

• “registration authority” has the same meaning as in the Civil Partnership
  Act 2004 (see section 28 of that Act);

• “relevant national” means—

  (a)

  20a British citizen,

  (b)

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

  (c)

  a national of Switzerland;

• “relevant statutory period” means—

  (a)

  in relation to a proposed marriage, the period—

  (i)

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

  (ii)

  30ending at the end of the period of 28 days beginning
  with that day;

  (b)

  in relation to a proposed civil partnership, the period—

  (i)

  beginning the day after notice of the proposed civil
  partnership is recorded in the register in accordance
  35with Chapter 1 of Part 2 of the Civil Partnership Act
  2004, and

  (ii)

  ending at the end of the period of 28 days beginning
  with that day;

• “section 48 notice” means a notice given under section 48(7) or (8);

• 40“superintendent registrar” means a superintendent registrar of births,
  deaths and marriages.

(2) A reference to a person being a party to a proposed marriage or civil
partnership is a reference to a person who would be a party to the marriage or
civil partnership if it took place as proposed.

(3) 45A reference to a proposed marriage or civil partnership being a sham is a
reference to a marriage or civil partnership which would (if it took place as

proposed) be a sham marriage or sham civil partnership (within the meaning
of the Immigration and Asylum Act 1999 — see section 24 or 24A of that Act).

(4) For provision about the interpretation of the following expressions, see section
49—

(a) 5the appropriate immigration status;

(b) a relevant visa.

(5) This section, and the provision mentioned in subsection (4), apply for the
purposes of this Part.

Part 5 10Oversight

Office of the Immigration Services Commissioner

63 Immigration advisers and immigration service providers

Schedule 7 (immigration advisers and immigration service providers) has
effect.

15Police Ombudsman for Northern Ireland

64 Police Ombudsman for Northern Ireland

After section 60ZA of the Police (Northern Ireland) Act 1998 insert—

“60ZB Immigration and customs enforcement functions

(1) The Ombudsman and the Secretary of State may enter into an
20agreement to establish, in relation to the exercise of specified
enforcement functions by relevant officials, procedures which
correspond to or are similar to any of those established by virtue of this
Part.

(2) Where no such procedures are in force in relation to a particular kind
25of relevant official, the Secretary of State may by order establish such
procedures in relation to the exercise of specified enforcement
functions by that kind of relevant official.

(3) “Relevant officials” means—

(a) immigration officers and other officials of the Secretary of State
30exercising functions relating to immigration or asylum;

(b) designated customs officials, and officials of the Secretary of
State, exercising customs functions (within the meaning of Part
1 of the Borders, Citizenship and Immigration Act 2009);

(c) the Director of Border Revenue exercising customs revenue
35functions (within the meaning of that Part of that Act), and
persons exercising such functions of the Director;

(d) persons providing services pursuant to arrangements relating
to the discharge of a function within paragraph (a), (b), or (c).

(4) “Enforcement functions” includes, in particular—

(a) 40powers of entry,

(b) powers to search persons or property,

(c) powers to seize or detain property,

(d) powers to arrest persons,

(e) powers to detain persons, and

(f) 5powers to examine persons or otherwise to obtain information
(including powers to take fingerprints or to acquire other
personal data).

(5) “Specified” means specified in an agreement under subsection (1) or an
order under subsection (2).

(6) 10“Immigration officer” means a person appointed under paragraph 1(1)
of Schedule 2 to the Immigration Act 1971.

60ZC Section 60ZB: supplementary

(1) An agreement under section 60ZB may at any time be varied or
terminated—

(a) 15by the Secretary of State, or

(b) by the Ombudsman, with the consent of the Secretary of State.

(2) Before making an order under section 60ZB the Secretary of State must
consult the Ombudsman and such persons as the Secretary of State
thinks appropriate.

(3) 20An agreement or order under section 60ZB may provide for payment
by the Secretary of State to or in respect of the Ombudsman.

(4) An agreement or order under section 60ZB must relate only to the
exercise of enforcement functions—

(a) wholly in Northern Ireland, or

(b) 25partly in Northern Ireland and partly in another part of the
United Kingdom.

(5) An agreement or order under section 60ZB must relate only to the
exercise of enforcement functions on or after the day on which the
agreement or order is made.

(6) 30An agreement or order under section 60ZB must not provide for
procedures in relation to so much of any complaint or matter as relates
to functions conferred by or under Part 8 of the Immigration and
Asylum Act 1999 (detained persons & removal centres etc.).”

Part 6 35Miscellaneous

Child trafficking guardians

65 Child trafficking guardians for all potential child victims of trafficking in
human beings

(1) If a relevant child has arrived in the United Kingdom and is a potential victim
40of trafficking in human beings, an independent child trafficking guardian shall
be appointed to represent the best interests of that child.

(2) The child trafficking guardian shall have the following responsibilities to—

(a) advocate that all decisions relating to the child are made in the child’s
best interest;

(b) ascertain the child’s wishes and feelings in relation to those decisions;

(c) 5advocate for the child to receive appropriate care, safe accommodation,
medical treatment, including psychological assistance, education,
translation and interpretation services as required;

(d) assist the child to access legal and other representation where
necessary, including, where appropriate, to appoint and instruct legal
10representatives on all matters relevant to the interests of the child;

(e) consult with, advise and keep the child informed of legal rights;

(f) keep the child informed of all relevant immigration, criminal,
compensation, community care, public law or other proceedings;

(g) contribute to identification of a plan to safeguard and promote a
15durable solution for the child based on an individual assessment of that
child’s best interests;

(h) provide a link between the child and various statutory and other bodies
who may provide services to the child, accompanying the child to any
relevant meetings;

(i) 20assist in establishing contact with the child’s family, where the child so
wishes and it is in the child’s best interests;

(j) where appropriate liaise with an immigration officer handling the
child’s case in conjunction with the child’s legal representative;

(k) accompany the child to all interviews with the police, the immigration
25authorities and care proceedings;

(l) accompany the child to any court proceedings; and

(m) accompany the child whenever the child moves to new
accommodation.

(3) A child trafficking guardian must have completed the training required in
30subsection (7) and may be—

(a) an employee of a statutory body except for an employee of a local
authority;

(b) an employee of a recognised charitable organisation; or

(c) a volunteer for a recognised charitable organisation.

(4) 35A person discharging duties as a child trafficking guardian shall not discharge
any other statutory duties in relation to a child for whom they are providing
assistance under this section.

(5) Where a child trafficking guardian is appointed under subsection (1), the
authority of the child trafficking guardian in relation to the child shall be
40recognised by any relevant body.

(6) In subsection (5), a “relevant body” means a person or organisation—

(a) which provides services to the child; or

(b) to which a child makes an application for services; or

(c) to which the child needs access in relation to being a victim of human
45trafficking; or

(d) any court or tribunal that a child engages with.

(7) The Secretary of State shall by order—

(a) set out the arrangements for the appointment of a child trafficking
guardian immediately after a child is identified as a potential victim of
trafficking in human beings;

(b) set out requirements for the training courses to be completed before a
5person may exercise functions as a child trafficking guardian;

(c) set out the arrangements for the supervision of persons discharging
duties as a child trafficking guardian;

(d) set out the arrangements for the provision of support services for
persons discharging duties as a child trafficking guardian; and

(e) 10designate organisations as a “recognised charitable organisation” for
the purpose of this section.

(8) A person’s appointment as a child trafficking guardian for a particular child
under this section shall come to an end if—

(a) the child reaches the age of 21; or

(b) 15the child leaves the United Kingdom.

(9) In this section, a child is considered to be a “potential victim of trafficking in
human beings” when a referral has been made to a competent authority for a
determination under the identification process required by Article 10 of the
Trafficking Convention (Identification of Victims) and there has not been a
20conclusive determination that the individual is not such a victim.

(10) For the purposes of subsection (9), an individual will not be considered to have
received a conclusive determination that the individual is not a victim of
trafficking in human beings if—

(a) an individual is appealing or seeking judicial review of the conclusive
25determination; and

(b) the appeal or judicial review is not completed.

(11) In this section—

• “competent authority” means a person who is a competent authority of
  the United Kingdom for the purposes of the Trafficking Convention;

• 30“relevant child” means a person who is under the age of 18 and who—

  (a)

  requires leave to remain in the United Kingdom whether or not
  such leave has been granted; or

  (b)

  is a national of an EEA state other than the United Kingdom;

• “the Trafficking Convention” means the Council of Europe Convention
  35on Action against Trafficking in Human Beings (done at Warsaw on 16
  May 2005);

• “trafficking in human beings” has the same meaning as in the Trafficking
  Convention.

Deprivation of citizenship

66 40Deprivation if conduct seriously prejudicial to vital interests of the UK

(1) A committee of members of both Houses of Parliament shall be established to
consider and report on whether section 40 of the British Nationality Act 1981
(deprivation of citizenship) should be amended to enable the Secretary of State
to deprive a person of their citizenship if—

(a) 45the citizenship status results from the person’s naturalisation, and

(b) the Secretary of State is satisfied that the deprivation is conducive to the
public good because the person, while having that citizenship status,
has conducted him or herself in a manner which is seriously prejudicial
to the vital interests of the United Kingdom, any of the islands, or any
5British Overseas Territory,

even if to do so would have the effect of making the person stateless.

(2) The committee shall consist of six members of the House of Lords nominated
by the Chairman of Committees, and six members of the House of Commons
nominated by the Speaker of the House of Commons, to be appointed on the
10passing of this Act to serve for the duration of the present Parliament.

(3) Any casual vacancy occurring by reason of the death, resignation or incapacity
of a member of the committee shall be filled by the nomination of a member by
the Chairman of Committees or the Speaker of the House of Commons, as the
case may be.

(4) 15The quorum of the committee shall be two members of each House and the
committee shall be entitled to sit and to transact business whether Parliament
be sitting or not, and notwithstanding a vacancy in the membership of the
committee.

(5) Subject to the above provisions, the committee may regulate its own
20procedure.

Embarkation checks

67 Embarkation checks

Schedule 8 (embarkation checks) has effect.

Fees

68 25Fees

(1) The Secretary of State may provide, in accordance with this section, for fees to
be charged in respect of the exercise of functions in connection with
immigration or nationality.

(2) The functions in respect of which fees are to be charged are to be specified by
30the Secretary of State by order (“a fees order”).

(3) A fees order—

(a) must specify how the fee in respect of the exercise of each specified
function is to be calculated, and

(b) may not provide for a fee to be charged in respect of the exercise of a
35function otherwise than in connection with an application or claim, or
on request.

(4) For any specified fee, a fees order must provide for it to comprise one or more
amounts each of which is—

(a) a fixed amount, or

(b) 40an amount calculated by reference to an hourly rate or other factor.

(5) Where a fees order provides for a fee (or part of a fee) to be a fixed amount, it—

(a) must specify a maximum amount for the fee (or part), and

(b) may specify a minimum amount.

(6) Where a fees order provides for a fee (or part of a fee) to be calculated as
mentioned in subsection (4)(b), it—

(a) 5must specify—

(i) how the fee (or part) is to be calculated, and

(ii) a maximum rate or other factor, and

(b) may specify a minimum rate or other factor.

(7) For any specified fee, the following are to be set by the Secretary of State by
10regulations (“fees regulations”)—

(a) if the fee (or any part of it) is to be a fixed amount, that amount;

(b) if the fee (or any part of it) is to be calculated as mentioned in subsection
(4)(b), the hourly rate or other factor by reference to which it (or that
part) is to be calculated.

(8) 15An amount, or rate or other factor, set by fees regulations for a fee in respect of
the exercise of a specified function—

(a) must not—

(i) exceed the maximum specified for that amount, or rate or other
factor;

(ii) 20be less than the minimum, if any, so specified;

(b) subject to that, may be intended to exceed, or result in a fee which
exceeds, the costs of exercising the function.

(9) In setting the amount of any fee, or rate or other factor, in fees regulations, the
Secretary of State may have regard only to—

(a) 25the costs of exercising the function;

(b) benefits that the Secretary of State thinks are likely to accrue to any
person in connection with the exercise of the function;

(c) the costs of exercising any other function in connection with
immigration or nationality;

(d) 30the promotion of economic growth;

(e) fees charged by or on behalf of governments of other countries in
respect of comparable functions;

(f) any international agreement.

This is subject to section 69(5).

(10) 35In respect of any fee provided for under this section, fees regulations may—

(a) provide for exceptions;

(b) provide for the reduction, waiver or refund of part or all of a fee
(whether by conferring a discretion or otherwise);

(c) make provision about—

(i) 40the consequences of failure to pay a fee;

(ii) enforcement;

(iii) when a fee may or must be paid.

(11) Any provision that may be made by fees regulations by virtue of subsection
(10) may be included instead in a fees order (and any provision so included
45may be amended or revoked by fees regulations).

(12) In this section and sections 69 and 70—

Immigration BillPage 57

• “costs” includes—

  (a)

  the costs of the Secretary of State, and

  (b)

  the costs of any other person (whether or not funded from
  public money);

• 5“fees order” has the meaning given by subsection (2);

• “fees regulations” has the meaning given by subsection (7);

• “function” includes a power or a duty;

• “function in connection with immigration or nationality” includes a
  function in connection with an enactment (including an enactment of a
  10jurisdiction outside the United Kingdom) that relates wholly or partly
  to immigration or nationality;

• “specified” means specified in a fees order.

(13) Any reference in this section or section 70 to the exercise of a function includes
a reference to its exercise in particular circumstances, including its exercise—

(a) 15at particular times or in a particular place;

(b) under particular arrangements;

(c) otherwise in particular ways,

and, for this purpose, “arrangements” includes arrangements for the
convenience of applicants, claimants or persons making requests for the
20exercise of a function.

69 Fees orders and fees regulations: supplemental

(1) A fees order or fees regulations may be made only with the consent of the
Treasury.

(2) A fee under section 68 may relate to something done outside the United
25Kingdom.

(3) Fees payable by virtue of section 68 may be recovered as a debt due to the
Secretary of State.

(4) Fees paid to the Secretary of State by virtue of section 68 must—

(a) be paid into the Consolidated Fund, or

(b) 30be applied in such other way as the relevant order may specify.

(5) Section 68 is without prejudice to—

(a) section 1 of the Consular Fees Act 1980 (fees for consular acts etc);

(b) section 102 of the Finance (No. 2) Act 1987 (government fees and
charges), or

(c) 35any other power to charge a fee.

70 Power to charge fees for attendance services in particular cases

(1) This section applies where a person exercises a function in connection with
immigration or nationality in respect of which a fee is chargeable by virtue of
a fees order (a “chargeable function”) in a particular case and—

(a) 40in doing so attends at a place outside the United Kingdom, and time,
agreed with a person (“the client”), and

(b) does so at the request of the client.

It is immaterial whether or not the client is a person in respect of whom the
chargeable function is exercised.

(2) In this section “attendance service” means the service described in subsection
(1) except so far as it consists of the exercise of a chargeable function.

(3) The following are to be disregarded in determining whether a fee is chargeable
in respect of a function by virtue of a fees order—

(a) 5any exception provided for by a fees order or fees regulations;

(b) any power so provided to waive or refund a fee.

(4) The person exercising the chargeable function may charge the client such fee
for the purposes of recovering the costs of providing the attendance service as
the person may determine.

(5) 10Fees paid to the Secretary of State by virtue of this section must be paid into the
Consolidated Fund.

(6) A fee payable by virtue of this section may be recovered as a debt due to the
Secretary of State.

(7) This section is without prejudice to—

(a) 15section 68;

(b) section 1 of the Consular Fees Act 1980 (fees for consular acts etc.);

(c) section 102 of the Finance (No. 2) Act 1987 (government fees and
charges), or

(d) any other power to charge a fee.

20Welfare of children

71 Duty regarding the welfare of children

For the avoidance of doubt, this Act does not limit any duty imposed on the
Secretary of State or any other person by section 55 of the Borders, Citizenship
and Immigration Act 2009 (duty regarding the welfare of children).

25Part 7 Final provisions

72 Financial provision

The following are to be paid out of money provided by Parliament—

(a) expenditure incurred under or by virtue of this Act by the Secretary of
30State, and

(b) any increase attributable to this Act in the sums payable under any
other Act out of money so provided.

73 Transitional and consequential provision

(1) The Secretary of State may, by order, make such transitional, transitory or
35saving provision as the Secretary of State considers appropriate in connection
with the coming into force of any provision of this Act.

(2) The Secretary of State may, by order, make such provision as the Secretary of
State considers appropriate in consequence of this Act.

(3) The provision that may be made by an order under subsection (2) includes
provision amending, repealing or revoking any enactment.

(4) “Enactment” includes—

(a) an enactment contained in subordinate legislation within the meaning
5of the Interpretation Act 1978;

(b) an 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) 10an enactment contained in, or in an instrument made under, Northern
Ireland legislation.

(5) In section 61(2) of the UK Borders Act 2007 (definition of “the Immigration
Acts”)—

(a) at the end of paragraph (h), omit “and”;

(b) 15at the end of paragraph (i) insert “, and

(j) the Immigration Act 2014.”.

(6) Schedule 9 (transitional and consequential provision) has effect.

74 Orders and regulations

(1) Any power of the Secretary of State or Treasury to make an order or
20regulations under this Act is exercisable by statutory instrument.

(2) A statutory instrument containing any of the following orders or regulations
may not be made unless a draft of the instrument has been laid before each
House of Parliament and approved by a resolution of each House of
Parliament—

(a) 25an order under section 20(7), 23(6) or 25(5);

(b) an order under section 38;

(c) regulations under section 41 or an order under section 43;

(d) the first regulations under section 50(1);

(e) the first regulations under section 50(5);

(f) 30the first regulations under section 51(3);

(g) the first regulations under section 51(4);

(h) an order under section 53 or 54(4) or (6);

(i) a fees order (within the meaning of section 68);

(j) an order under section 73(2) which amends or repeals primary
35legislation;

(k) an order under paragraph 2(3)(e) of Schedule 6.

(3) “Primary legislation” means any of the following—

(a) a public general Act;

(b) an Act of the Scottish Parliament;

(c) 40a Measure or Act of the National Assembly for Wales;

(d) Northern Ireland legislation.

(4) A statutory instrument containing any other order or regulations made by the
Secretary of State or Treasury under this Act is subject to annulment in
pursuance of a resolution of either House of Parliament.