---

(  8  )

“Person subject to immigration control: procedure for marriage: England and

Wales

(1)	This section applies to a marriage—

(a)	which is to be solemnised on the authority of certificates issued by

a superintendent registrar under Part III of the Marriage Act 1949

(c. 76), and

(b)	a party to which is subject to immigration control.

(2)	In relation to a marriage to which this section applies, the notices under

section 27 of the Marriage Act 1949 (c. 76)—

(a)	shall be given to the superintendent registrar of a registration

district specified for the purpose of this paragraph by regulations

made by the Secretary of State,

(b)	shall be delivered to the superintendent registrar in person by the

two parties to the marriage,

(c)	may be given only if each party to the marriage has been resident in

a registration district for the period of seven days immediately

before the giving of his or her notice (but the district need not be

that in which the notice is given and the parties need not have

resided in the same district), and

(d)	shall state, in relation to each party, the registration district by

reference to which paragraph (c) is satisfied.

(3)	The superintendent registrar shall not enter in the marriage notice book

notice of a marriage to which this section applies unless satisfied, by the

provision of specified evidence, that the party subject to immigration

control—

(a)	has an entry clearance granted expressly for the purpose of

enabling him to marry in the United Kingdom,

(b)	has the written permission of the Secretary of State to marry in the

United Kingdom, or

(c)	falls within a class specified for the purpose of this paragraph by

regulations made by the Secretary of State.

(4)	For the purposes of this section—

(a)	a person is subject to immigration control if—

(i)	he is not an EEA national, and

(ii)	under the Immigration Act 1971 (c. 77) he requires leave to

enter or remain in the United Kingdom (whether or not

leave has been given),

(b)	“EEA national” means a national of a State which is a contracting

party to the Agreement on the European Economic Area signed at

Oporto on 2nd May 1992 (as it has effect from time to time),

(c)	“entry clearance” has the meaning given by section 33(1) of the

Immigration Act 1971 (c. 77), and

(d)	“specified evidence” means such evidence as may be specified in

guidance issued by the Registrar General.”

---

(  9  )

22

Insert the following new Clause—

“Section (Person subject to immigration control: procedure for marriage: England

and Wales): supplemental

(1)	The Marriage Act 1949 (c. 76) shall have effect in relation to a marriage to

which section (Person subject to immigration control: procedure for marriage:

England and Wales) applies—

(a)	subject to that section, and

(b)	with any necessary consequential modification.

(2)	In particular—

(a)	section 28(1)(b) of that Act (declaration: residence) shall have effect

as if it required a declaration that—

(i)	the notice of marriage is given in compliance with section

(Person subject to immigration control: procedure for marriage:

England and Wales)(2) above, and

(ii)	the party subject to immigration control satisfies section

(Person subject to immigration control: procedure for marriage:

England and Wales)(3)(a), (b) or (c), and

(b)	section 48 of that Act (proof of certain matters not essential to

validity of marriage) shall have effect as if the list of matters in

section 48(1)(a) to (e) included compliance with section (Person

subject to immigration control: procedure for marriage: England and

Wales) above.

(3)	Regulations of the Secretary of State under section (Person subject to

immigration control: procedure for marriage: England and Wales)(2)(a) or

(3)(c)—

(a)	may make transitional provision,

(b)	shall be made by statutory instrument, and

(c)	shall be subject to annulment in pursuance of a resolution of either

House of Parliament.

(4)	Before making regulations under section (Person subject to immigration

control: procedure for marriage: England and Wales)(2)(a) the Secretary of State

shall consult the Registrar General.

(5)	An expression used in section (Person subject to immigration control:

procedure for marriage: England and Wales) or this section and in Part III of the

Marriage Act 1949 (c. 76) has the same meaning in section (Person subject to

immigration control: procedure for marriage: England and Wales) or this section

as in that Part.

(6)	An order under the Regulatory Reform Act 2001 (c. 6) may include

provision—

(a)	amending section (Person subject to immigration control: procedure for

marriage: England and Wales), this section or section (Application for

permission under section (Person subject to immigration control:

procedure for marriage: England and Wales)(3)(b), (Person subject to

immigration control: procedure for marriage: Scotland)(3)(b) or (Person

subject to immigration control: procedure for marriage: Northern

Ireland)(3)(b)) in consequence of other provision of the order, or

(b)	repealing (Person subject to immigration control: procedure for marriage:

England and Wales), this section and section (Application for

permission under section (Person subject to immigration control:

---

(  10  )

procedure for marriage: England and Wales)(3)(b), (Person subject to

immigration control: procedure for marriage: Scotland)(3)(b) or (Person

subject to immigration control: procedure for marriage: Northern

Ireland)(3)(b)) and re-enacting them with modifications

consequential upon other provision of the order.”

23

Insert the following new Clause—

“Person subject to immigration control: procedure for marriage: Scotland

(1)	This section applies to a marriage—

(a)	which is intended to be solemnised in Scotland, and

(b)	a party to which is subject to immigration control.

(2)	In relation to a marriage to which this section applies, notice under section

3 of the Marriage (Scotland) Act 1977 (c. 15)—

(a)	may be submitted to the district registrar of a registration district

prescribed for the purposes of this section, and

(b)	may not be submitted to the district registrar of any other

registration district.

(3)	Where the district registrar to whom notice is submitted by virtue of

subsection (2) is the district registrar for the registration district in which

the marriage is to be solemnised, he shall not make an entry under section

4, or complete a Marriage Schedule under section 6, of the Marriage

(Scotland) Act 1977 in respect of the marriage unless satisfied, by the

provision of specified evidence, that the party subject to immigration

control—

(a)	has an entry clearance granted expressly for the purpose of

enabling him to marry in the United Kingdom,

(b)	has the written permission of the Secretary of State to marry in the

United Kingdom, or

(c)	falls within a class specified for the purpose of this paragraph by

regulations made by the Secretary of State.

(4)	Where the district registrar to whom notice is submitted by virtue of

subsection (2) (here the “notified registrar”) is not the district registrar for

the registration district in which the marriage is to be solemnised (here the

“second registrar”)—

(a)	the notified registrar shall, if satisfied as is mentioned in subsection

(3), send the notices and any fee, certificate or declaration which

accompanied them, to the second registrar, and

(b)	the second registrar shall be treated as having received the notices

from the parties to the marriage on the dates on which the notified

registrar received them.

(5)	Subsection (4) of section (Person subject to immigration control: procedure for

marriage: England and Wales) applies for the purposes of this section as it

applies for the purposes of that section except that for the purposes of this

section the reference in paragraph (d) of that subsection to guidance issued

by the Registrar General shall be construed as a reference to guidance

issued by the Secretary of State after consultation with the Registrar

General for Scotland.”

---

(  11  )

24

Insert the following new Clause—

“Section (Person subject to immigration control: procedure for marriage:

Scotland): supplemental

(1)	The Marriage (Scotland) Act 1977 shall have effect in relation to a marriage

to which section (Person subject to immigration control: procedure for marriage:

Scotland) applies—

(a)	subject to that section, and

(b)	with any necessary consequential modification.

(2)	In subsection (2)(a) of that section “prescribed” means prescribed by

regulations made by the Secretary of State after consultation with the

Registrar General for Scotland; and other expressions used in subsections

(1) to (4) of that section and in the Marriage (Scotland) Act 1977 have the

same meaning in those subsections as in that Act.

(3)	Regulations made by of the Secretary of State under subsection (2)(a) or

(3)(c) of that section—

(a)	may make transitional provision,

(b)	shall be made by statutory instrument, and

(c)	shall be subject to annulment in pursuance of a resolution of either

House of Parliament.”

25

Insert the following new Clause—

“Person subject to immigration control: procedure for marriage: Northern

Ireland

(1)	This section applies to a marriage—

(a)	which is intended to be solemnised in Northern Ireland, and

(b)	a party to which is subject to immigration control.

(2)	In relation to a marriage to which this section applies, the marriage

notices—

(a)	shall be given only to a prescribed registrar, and

(b)	shall, in prescribed cases, be given by both parties together in

person at a prescribed register office.

(3)	The prescribed registrar shall not act under Article 4 or 7 of the Marriage

(Northern Ireland) Order 2003 (S.I. 2003/413 (N.I.3)) (marriage notice

book, list of intended marriages and marriage schedule) unless he is

satisfied, by the provision of specified evidence, that the party subject to

immigration control—

(a)	has an entry clearance granted expressly for the purpose of

enabling him to marry in the United Kingdom,

(b)	has the written permission of the Secretary of State to marry in the

United Kingdom, or

(c)	falls within a class specified for the purpose of this paragraph by

regulations made by the Secretary of State.

(4)	Subject to subsection (5), if the prescribed registrar is not the registrar for

the purposes of Article 4 of that Order, the prescribed registrar shall send

him the marriage notices and he shall be treated as having received them

from the parties to the marriage on the dates on which the prescribed

registrar received them.

---

(  12  )

(5)	The prescribed registrar shall not act under subsection (4) unless he is

satisfied as mentioned in subsection (3).

(6)	For the purposes of this section—

(a)	a person is subject to immigration control if—

(i)	he is not an EEA national, and

(ii)	under the Immigration Act 1971 (c. 77) he requires leave to

enter or remain in the United Kingdom (whether or not

leave has been given),

(b)	“EEA national” means a national of a State which is a contracting

party to the Agreement on the European Economic Area signed at

Oporto on 2nd May 1992 (as it has effect from time to time),

(c)	“entry clearance” has the meaning given by section 33(1) of the

Immigration Act 1971 (c. 77), and

(d)	“specified evidence” means such evidence as may be specified in

guidance issued by the Secretary of State after consulting the

Registrar General for Northern Ireland.”

26

Insert the following new Clause—

“Section (Person subject to immigration control: procedure for marriage:

Northern Ireland): supplemental

(1)	The Marriage (Northern Ireland) Order 2003 (S.I. 2003/413 (N.I.3)) shall

have effect in relation to a marriage to which section (Person subject to

immigration control: procedure for marriage: Northern Ireland) applies—

(a)	subject to section (Person subject to immigration control: procedure for

marriage: Northern Ireland), and

(b)	with any necessary consequential modification.

(2)	In section (Person subject to immigration control: procedure for marriage:

Northern Ireland) “prescribed” means prescribed for the purposes of that

section by regulations made by the Secretary of State after consulting the

Registrar General for Northern Ireland and other expressions used in that

section or this section and the Marriage (Northern Ireland) Order 2003 have

the same meaning in section (Person subject to immigration control: procedure

for marriage: Northern Ireland) or this section as in that Order.

(3)	Section 18(3) of the Interpretation Act (Northern Ireland) 1954 (c.33 (N.I.))

(provisions as to holders of offices) shall apply to section (Person subject to

immigration control: procedure for marriage: Northern Ireland) as if that section

were an enactment within the meaning of that Act.

(4)	Regulations of the Secretary of State under section (Person subject to

immigration control: procedure for marriage: Northern Ireland)—

(a)	may make transitional provision,

(b)	shall be made by statutory instrument, and

(c)	shall be subject to annulment in pursuance of a resolution of either

House of Parliament.

27

Insert the following new Clause—

---

(  13  )

“Application for permission under section (Person subject to immigration

control: procedure for marriage: England and Wales)(3)(b), (Person subject

to immigration control: procedure for marriage: Scotland)(3)(b) or (Person

subject to immigration control: procedure for marriage: Northern

Ireland)(3)(b)

(1)	The Secretary of State may make regulations requiring a person seeking

permission under section (Person subject to immigration control: procedure for

marriage: England and Wales)(3)(b), (Person subject to immigration control:

procedure for marriage: Scotland)(3)(b) or (Person subject to immigration control:

procedure for marriage: Northern Ireland)(3)(b)—

(a)	to make an application in writing, and

(b)	to pay a fee.

(2)	The regulations shall, in particular, specify—

(a)	the information to be contained in or provided with the application,

(b)	the amount of the fee, and

(c)	how and to whom the fee is to be paid.

(3)	The regulations may, in particular, make provision—

(a)	excepting a specified class of persons from the requirement to pay

a fee;

(b)	permitting a specified class of persons to pay a reduced fee;

(c)	for the refund of all or part of a fee in specified circumstances.

(4)	Regulations under this section—

(a)	shall be made by statutory instrument, and

(b)	shall be subject to annulment in pursuance of a resolution of either

House of Parliament.”

Clause 14

28

Page 13, line 22, leave out subsections (6) and (7) and insert—

“(6)	Before section 104 of that Act (pending appeal) insert—

“103A

Review of Tribunal’s decision

(1)	A party to an appeal under section 82 or 83 may apply to the

appropriate court, on the grounds that the Tribunal made an error

of law, for an order requiring the Tribunal to reconsider its decision

on the appeal.

(2)	The appropriate court may make an order under subsection (1)—

(a)	only if it thinks that the Tribunal may have made an error of

law, and

(b)	only once in relation to an appeal.

(3)	An application under subsection (1) must be made—

(a)	in the case of an application by the appellant made while he

is in the United Kingdom, within the period of 10 working

days beginning with the date on which he is treated, in

accordance with rules under section 106, as receiving notice

of the Tribunal’s decision, and

(b)	in the case of an application by the appellant made while he

is outside the United Kingdom, within the period of 28 days

---

(  14  )

beginning with the date on which he is treated, in

accordance with rules under section 106, as receiving notice

of the Tribunal’s decision, and

(c)	in the case of an application brought by a party to the appeal

other than the appellant, within the period of 10 working

days beginning with the date on which he is treated, in

accordance with rules under section 106, as receiving notice

of the Tribunal’s decision.

(4)

But—

(a)	rules of court may specify days to be disregarded in

applying subsection (3)(a), (b) or (c), and

(b)	the appropriate court may permit an application under

subsection (1) to be made outside the period specified in

subsection (3) where it thinks that the application could not

reasonably practicably have been made within that period.

(5)	An application under subsection (1) shall be determined by

reference only to written submissions of the applicant.

(6)	A decision of the appropriate court on an application under

subsection (1) shall be final.

(7)	In this section a reference to the Tribunal’s decision on an appeal

does not include a reference to—

(a)	a procedural, ancillary or preliminary decision, or

(b)	a decision following remittal under section 103B, 103C or

103E.

(8)	This section does not apply to a decision of the Tribunal where its

jurisdiction is exercised by three or more members.

(9)	In this section “the appropriate court” means—

(a)	in relation to an appeal decided in England or Wales, the

High Court,

(b)	in relation to an appeal decided in Scotland, the Court of

Session, and

(c)	in relation to an appeal decided in Northern Ireland, the

High Court in Northern Ireland.

(10)	An application under subsection (1) to the Court of Session shall be

to the Outer House.

103B	Appeal from Tribunal following reconsideration

(1)	Where an appeal to the Tribunal has been reconsidered, a party to

the appeal may bring a further appeal on a point of law to the

appropriate appellate court.

(2)	In subsection (1) the reference to reconsideration is to

reconsideration pursuant to—

(a)	an order under section 103A(1), or

(b)	remittal to the Tribunal under this section or under section

103C or 103E.

(3)	An appeal under subsection (1) may be brought only with the

permission of—

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Revised 8 July 2004