| Amendments proposed to the Immigration and Asylum Bill - continued | House of Commons |
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Sir Norman Fowler 176 *Clause 15, page 11, leave out lines 26 and 27 and insert 'receives evidence proving that the marriage will be void'.
Sir Norman Fowler 177 *Clause 15, page 11, leave out lines 35 to 39 and insert—'(3) the registrar concerned must report his suspicion
Mr Mike O'Brien 27 Clause 15, page 11, line 35, leave out 'registrar' and insert 'person'.
Mr Richard Allan 163 Clause 15. page 11, line 35, after 'registrar', insert 'or other person described in subsection (1)(e), (f) or (g)'.
Mr Mike O'Brien 28 Clause 15, page 11, line 41, leave out 'of Births, Deaths and Marriages in England' and insert 'for England and Wales'.
Mr Mike O'Brien 29 Clause 15, page 12, line 4, leave out 'Department of Finance and Personnel' and insert 'Secretary of State'.
Sir Norman Fowler 178 *Clause 15, page 12, leave out lines 6 to 10 and insert—'(6) "Sham marriage" means a marriage which is—
Mr Mike O'Brien 30 Clause 15, page 12, line 7, leave out from 'is' to end of line 8 and insert 'neither a British citizen nor a national of an EEA State other than the United Kingdom and another person (whether or not such a citizen or such a national); and'.
Mr Mike O'Brien 31 Clause 15, page 12, line 10, after 'of', insert 'United Kingdom'.
Mr Mike O'Brien 32 Clause 15, page 12, line 10, at end insert 'or the immigration rules'.
Mr Mike O'Brien 33 Clause 15, page 12, line 11, leave out first 'national' and insert 'State'.
Mr Mike O'Brien 34 Clause 15, page 12, line 11, leave out 'a national of'.
Sir Norman Fowler 179 *Clause 15, page 12, line 13, at end add—'(7) The Secretary of State must issue a code of practice as to the measures which a registrar carrying out functions within this section is to be expected to take, or not to take, with a view to securing that, while fulfilling the duties imposed upon him by that section, he also avoids unlawful discrimination. (8) Unlawful discrimination for the purpose of subsection (7) above means—
(9) Before issuing a code under subsection 7 above the Secretary of State must—
(10) In preparing the draft, the Secretary of State must consult—
(11) If the Secretary of State decides to proceed with the code, he must lay a draft of the code before both Houses of Parliament. (12) The draft code may contain modifications to the original proposals made in the light of representations to the Secretary of State. (13) After laying the draft code before Parliament, the Secretary of State may bring the code into operation by an order made by statutory instrument. (14) An order under subsection (13)—
(15) A failure on the part of any person to observe a provision of the code does not itself make him liable to proceedings. (16) But the code is admissible in evidence in any proceedings (including proceedings under section 31A of the Marriage Act 1949) brought by a person claiming to have been affected by any decision, action or failure to act to which the provisions of the code apply. (17) The Secretary of State may from time to time revise the whole or any part of the code and issue the code as revised. (18) The provisions of this section also apply (with appropriate modifications) to any revision, or proposed revision, of the code.'.
Sir Norman Fowler 180 *Clause 16, page 12, leave out line 19.
Mr Richard Allan 165 Clause 16, page 12, line 21, at end insert—'(1A) Subsection (1) shall not apply if there is a serious possibility that it would breach Article 31 of the Convention relating to the Status of Refugees.'.
Mr Richard Allan 166 Clause 16, page 12, line 21, at end insert—'(1B) No liability shall arise under subsection (1) until the Secretary of State has decided any claim for asylum made by such a person and any available rights of appeal against such decision have been exercised and finally determined or any application made for judicial review of any such final determination has itself been finally disposed of.'.
Sir Norman Fowler 181 *Clause 16, page 12, line 21, at end insert—'(1A) A person is not guilty of an offence under this section if the matter to which any alleged deception relates is a claim for asylum and he is granted refugee status under the Convention or exceptional leave to remain'.
Mr Richard Allan 167 Clause 16, page 12, line 36, leave out from 'both' to end of line 39.
Mr Richard Allan 164 Page 12, line 15, leave out Clause 16.
Mr Richard Allan 168 Clause 17, page 13, leave out lines 5 to 9.
Sir Norman Fowler 182 *Clause 17, page 13, leave out line 8.
Mr Mike O'Brien 35 Clause 18, page 13, line 16, leave out 'in the United Kingdom'.
Mr Mike O'Brien 36 Clause 18, page 13, line 24, leave out 'in the United Kingdom'.
Sir Norman Fowler 183 *Clause 18, page 13, line 30, after 'of', insert 'half of'.
Sir Norman Fowler 217 *Clause 18, page 13, line 31, at end insert—'(2A) A person is only liable to a penalty where the Secretary of State is satisfied beyond reasonable doubt, that a penalty may be imposed under this section.'.
Mr Richard Allan 451 *Clause 18, page 13, line 31, at end insert—'(2A) A person is only liable to a penalty where the Secretary of State is satisfied beyond reasonable doubt that a penalty may be imposed under this clause.'.
Sir Norman Fowler 188 *Clause 18, page 13, line 33, at end insert 'but the Secretary of State must reimburse a person on whom a penalty has been imposed if the clandestine entrant in respect of whom liability arose is granted refugee status'.
Sir Norman Fowler 218 *Clause 18, page 13, line 33, at end insert—'(3A) No penalty may be imposed where the alleged clandestine entrant claims that his removal from the country would be in breach of United Kingdom obligations under—
and he is granted leave to enter the United Kingdom as a refugee, or exceptionally as a result of such a claim.'.
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| ©Parliamentary copyright 1998 | Prepared 15 Apr 1999 |