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E+W+S+N.I.

Immigration Act 2014

2014 CHAPTER 22

An Act to make provision about immigration law; to limit, or otherwise make provision about, access to services, facilities and employment by reference to immigration status; to make provision about marriage and civil partnership involving certain foreign nationals; to make provision about the acquisition of citizenship by persons unable to acquire it because their fathers and mothers were not married to each other and provision about the removal of citizenship from persons whose conduct is seriously prejudicial to the United Kingdom's vital interests; and for connected purposes.

[14th May 2014]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

PART 1 E+W+S+N.I.Removal and other powers

RemovalE+W+S+N.I.

1Removal of persons unlawfully in the United KingdomE+W+S+N.I.

For section 10 of the Immigration and Asylum Act 1999, substitute—

10Removal of persons unlawfully in the United Kingdom

(1)A person may be removed from the United Kingdom under the authority of the Secretary of State or an immigration officer if the person requires leave to enter or remain in the United Kingdom but does not have it.

(2)Where a person (“P”) is liable to be or has been removed from the United Kingdom under subsection (1), a member of P's family who meets the following three conditions may also be removed from the United Kingdom under the authority of the Secretary of State or an immigration officer, provided that the Secretary of State or immigration officer has given the family member written notice of the intention to remove him or her.

(3)The first condition is that the family member is—

(a)P's partner,

(b)P's child, or a child living in the same household as P in circumstances where P has care of the child,

(c)in a case where P is a child, P's parent, or

(d)an adult dependent relative of P.

(4)The second condition is that—

(a)in a case where the family member has leave to enter or remain in the United Kingdom, that leave was granted on the basis of his or her family life with P;

(b)in a case where the family member does not have leave to enter or remain in the United Kingdom, in the opinion of the Secretary of State or immigration officer the family member—

(i)would not, on making an application for such leave, be granted leave in his or her own right, but

(ii)would be granted leave on the basis of his or her family life with P, if P had leave to enter or remain.

(5)The third condition is that the family member is neither a British citizen, nor is he or she entitled to enter or remain in the United Kingdom by virtue of an enforceable EU right or of any provision made under section 2(2) of the European Communities Act 1972.

(6)A notice given to a family member under subsection (2) invalidates any leave to enter or remain in the United Kingdom previously given to the family member.

(7)For the purposes of removing a person from the United Kingdom under subsection (1) or (2), the Secretary of State or an immigration officer may give any such direction for the removal of the person as may be given under paragraphs 8 to 10 of Schedule 2 to the 1971 Act.

(8)But subsection (7) does not apply where a deportation order is in force against a person (and any directions for such a person's removal must be given under Schedule 3 to the 1971 Act).

(9)The following paragraphs of Schedule 2 to the 1971 Act apply in relation to directions under subsection (7) (and the persons subject to those directions) as they apply in relation to directions under paragraphs 8 to 10 of Schedule 2 (and the persons subject to those directions)—

(a)paragraph 11 (placing of person on board ship or aircraft);

(b)paragraph 16(2) to (4) (detention of person where reasonable grounds for suspecting removal directions may be given or pending removal in pursuance of directions);

(c)paragraph 17 (arrest of person liable to be detained and search of premises for person liable to arrest);

(d)paragraph 18 (supplementary provisions on detention);

(e)paragraph 18A (search of detained person);

(f)paragraph 18B (detention of unaccompanied children);

(g)paragraphs 19 and 20 (payment of expenses of custody etc);

(h)paragraph 21 (temporary admission to UK of person liable to detention);

(i)paragraphs 22 to 25 (bail);

(j)paragraphs 25A to 25E (searches etc).

(10)The Secretary of State may by regulations make further provision about—

(a)the time period during which a family member may be removed under subsection (2);

(b)the service of a notice under subsection (2).

(11)In this section “child” means a person who is under the age of 18.

Annotations:

Commencement Information

I1S. 1 in force at 20.10.2014 by S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

2Restriction on removal of children and their parents etcE+W+S+N.I.

After section 78 of the Nationality, Immigration and Asylum Act 2002, insert—

78ARestriction on removal of children and their parents etc

(1)This section applies in a case where—

(a)a child is to be removed from or required to leave the United Kingdom, and

(b)an individual who—

(i)is a parent of the child or has care of the child, and

(ii)is living in a household in the United Kingdom with the child,

is also to be removed from or required to leave the United Kingdom (a “relevant parent or carer”).

(2)During the period of 28 days beginning with the day on which the relevant appeal rights are exhausted—

(a)the child may not be removed from or required to leave the United Kingdom; and

(b)a relevant parent or carer may not be removed from or required to leave the United Kingdom if, as a result, no relevant parent or carer would remain in the United Kingdom.

(3)The relevant appeal rights are exhausted at the time when—

(a)neither the child, nor any relevant parent or carer, could bring an appeal under section 82 (ignoring any possibility of an appeal out of time with permission), and

(b)no appeal brought by the child, or by any relevant parent or carer, is pending within the meaning of section 104.

(4)Nothing in this section prevents any of the following during the period of 28 days mentioned in subsection (2)—

(a)the giving of a direction for the removal of a person from the United Kingdom,

(b)the making of a deportation order in respect of a person, or

(c)the taking of any other interim or preparatory action.

(5)In this section—

Annotations:

Commencement Information

I2S. 2 in force at 28.7.2014 by S.I. 2014/1820, art. 3(a)

3Independent Family Returns PanelE+W+S+N.I.

Before section 55 of the Borders, Citizenship and Immigration Act 2009, insert—

54AIndependent Family Returns Panel

(1)The Independent Family Returns Panel is established.

(2)The Secretary of State must consult the Independent Family Returns Panel—

(a)in each family returns case, on how best to safeguard and promote the welfare of the children of the family, and

(b)in each case where the Secretary of State proposes to detain a family in pre-departure accommodation, on the suitability of so doing, having particular regard to the need to safeguard and promote the welfare of the children of the family.

(3)A family returns case is a case where—

(a)a child who is living in the United Kingdom is to be removed from or required to leave the United Kingdom, and

(b)an individual who—

(i)is a parent of the child or has care of the child, and

(ii)is living in a household in the United Kingdom with the child,

is also to be removed from or required to leave the United Kingdom.

(4)The Secretary of State may by regulations make provision about—

(a)additional functions of the Independent Family Returns Panel,

(b)its status and constitution,

(c)the appointment of its members,

(d)the payment of remuneration and allowances to its members, and

(e)any other matters in connection with its establishment and operation.

(5)Regulations under this section must be made by statutory instrument.

(6)An instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(7)In this section—

Annotations:

Commencement Information

I3S. 3 in force at 28.7.2014 by S.I. 2014/1820, art. 3(b)

Powers of immigration officersE+W+S+N.I.

4Enforcement powersE+W+S+N.I.

Schedule 1 (enforcement powers) has effect.

Annotations:

Commencement Information

I4S. 4 in force at 28.7.2014 by S.I. 2014/1820, art. 3(c)

Detention and bailE+W+S+N.I.

5Restrictions on detention of unaccompanied childrenE+W+S+N.I.

(1)Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended as follows.

(2)In paragraph 16, after paragraph (2) insert—

(2A)But the detention of an unaccompanied child under sub-paragraph (2) is subject to paragraph 18B.

(3)In paragraph 18, after sub-paragraph (1) insert—

(1A)But the detention of an unaccompanied child under paragraph 16(2) is subject to paragraph 18B.

(4)After paragraph 18A (as inserted by paragraph 2 of Schedule 1) insert—

18B(1)Where a person detained under paragraph 16(2) is an unaccompanied child, the only place where the child may be detained is a short-term holding facility, except where—

(a)the child is being transferred to or from a short-term holding facility, or

(b)sub-paragraph (3) of paragraph 18 applies.

(2)An unaccompanied child may be detained under paragraph 16(2) in a short-term holding facility for a maximum period of 24 hours, and only for so long as the following two conditions are met.

(3)The first condition is that—

(a)directions are in force that require the child to be removed from the short-term holding facility within the relevant 24 hour period, or

(b)a decision on whether or not to give directions is likely to result in such directions.

(4)The second condition is that the immigration officer under whose authority the child is being detained reasonably believes that the child will be removed from the short-term holding facility within the relevant 24 hour period in accordance with those directions.

(5)An unaccompanied child detained under paragraph 16(2) who has been removed from a short-term holding facility and detained elsewhere may be detained again in a short-term holding facility but only if, and for as long as, the relevant 24 hour period has not ended.

(6)An unaccompanied child who has been released following detention under paragraph 16(2) may be detained again in a short-term holding facility in accordance with this paragraph.

(7)In this paragraph—

Annotations:

Commencement Information

I5S. 5 in force at 28.7.2014 by S.I. 2014/1820, art. 3(d)

6Pre-departure accommodation for familiesE+W+S+N.I.

(1)Part 8 of the Immigration and Asylum Act 1999 (removal centres and detained persons) is amended as follows.

(2)In section 147 (interpretation)—

(a)after the definition of “custodial functions” insert—

detained children” means detained persons who are under the age of 18;;

(b)after the definition of “escort monitor” insert—

pre-departure accommodation” means a place used solely for the detention of detained children and their families for a period of—

(a)not more than 72 hours, or

(b)not more than seven days in cases where the longer period of detention is authorised personally by a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975);;

(c)in the definition of “removal centre”, after “facility,” insert “ pre-departure accommodation, ”;

(d)in the definition of “short-term holding facility”, at the end insert—

but which is not pre-departure accommodation.

(3)In section 155 (custodial functions and discipline), in subsection (2), at the end insert “ and in pre-departure accommodation ”.

(4)After section 157 insert—

157APre-departure accommodation

(1)The following provisions of this Part apply to pre-departure accommodation as they apply to removal centres—

(a)section 149 (contracting out of certain removal centres);

(b)section 150 (contracting out functions at directly managed removal centres);

(c)section 151 (intervention by Secretary of State).

(2)In the application of those provisions to pre-departure accommodation—

(a)references to a removal centre contract are to be read as a contract made under section 149(1) for the provision or running of pre-departure accommodation;

(b)references to a contracted out removal centre are to be read as references to pre-departure accommodation in relation to which a contract under section 149(1) is in force;

(c)references to a directly managed removal centre are to be read as references to pre-departure accommodation in relation to which there is no contract under section 149(1) in force;

(d)references to removal centre rules are to be read as references to rules made under subsection (4).

(3)The Secretary of State may by regulations extend to pre-departure accommodation any other provision made by or under this Part in relation to removal centres.

(4)The Secretary of State may make rules for the regulation and management of pre-departure accommodation.

Annotations:

Commencement Information

I6S. 6 in force at 28.7.2014 by S.I. 2014/1820, art. 3(e)

7Immigration bail: repeat applications and effect of removal directionsE+W+S+N.I.

(1)Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended as follows.

(2)In paragraph 22 (bail) at the end insert—

(4)A person must not be released on bail in accordance with this paragraph without the consent of the Secretary of State if—

(a)directions for the removal of the person from the United Kingdom are for the time being in force, and

(b)the directions require the person to be removed from the United Kingdom within the period of 14 days starting with the date of the decision on whether the person should be released on bail.

(3)In paragraph 25—

(a)the existing paragraph is re-numbered as sub-paragraph (1);

(b)in that sub-paragraph, for “may” substitute “ must ”;

(c)after that sub-paragraph insert—

(2)Tribunal Procedure Rules must secure that, where the First-tier Tribunal has decided not to release a person on bail under paragraph 22, the Tribunal is required to dismiss without a hearing any further application by the person for release on bail (whether under paragraph 22 or otherwise) that is made during the period of 28 days starting with the date of the Tribunal's decision, unless the person demonstrates to the Tribunal that there has been a material change in circumstances.

(4)In paragraph 29 (grant of bail pending appeal), in sub-paragraph (1), at the end insert “ (and paragraph 22 does not apply) ”.

(5)In paragraph 30 (restrictions on grant of bail pending appeal), in sub-paragraph (1)—

(a)after “if” insert “ — (a) ”;

(b)for “or the power to give such directions is for the time being exercisable” substitute and

(b)the directions require the person to be removed from the United Kingdom within the period of 14 days starting with the date of the decision on whether the person should be released on bail.

(6)After paragraph 33, insert—

33A(1)Tribunal Procedure Rules must make provision with respect to applications to the First-tier Tribunal under paragraphs 29 to 33 and matters arising out of such applications.

(2)Tribunal Procedure Rules must secure that, where the First-tier Tribunal has decided not to release a person on bail under paragraph 29, the Tribunal is required to dismiss without a hearing any further application by the person for release on bail (whether under paragraph 29 or otherwise) that is made during the period of 28 days starting with the date of the Tribunal's decision, unless the person demonstrates to the Tribunal that there has been a material change in circumstances.

Annotations:

Commencement Information

I7S. 7(1)(2)(5) in force at 28.7.2014 by S.I. 2014/1820, art. 3(f)

I8S. 7(3)(4)(6) in force at 20.10.2014 by S.I. 2014/2771, art. 4(a)

BiometricsE+W+S+N.I.

8Provision of biometric information with immigration applicationsE+W+S+N.I.

(1)Section 126 of the Nationality, Immigration and Asylum Act 2002 (power to require provision of physical data with certain immigration applications) is amended as follows.

(2)In subsection (2), after paragraph (c) insert—

(d)a transit visa (within the meaning of section 41 of the Immigration and Asylum Act 1999), or

(e)a document issued as evidence that a person who is not a national of an EEA state or Switzerland is entitled to enter or remain in the United Kingdom by virtue of an enforceable EU right or of any provision made under section 2(2) of the European Communities Act 1972.

(3)In subsection (4), after paragraph (f) insert—

(fa)provide for biometric information to be recorded on any document issued as a result of the application in relation to which the information was provided;.

(4)In subsection (9), after the definition of “code” insert—

document” includes a card or sticker and any other method of recording information (whether in writing or by the use of electronic or other technology or by a combination of methods),.

Annotations:

Commencement Information

I9S. 8 in force at 28.7.2014 by S.I. 2014/1820, art. 3(g)

9Identifying persons liable to detentionE+W+S+N.I.

In paragraph 18(2) of Schedule 2 to the Immigration Act 1971 (power to take steps for identifying persons detained under paragraph 16 of that Schedule) after “detained” insert “ or liable to be detained ”.

Annotations:

Modifications etc. (not altering text)

C1S. 9 extended (with modifications) (Jersey) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Registration) (Jersey) Order 2018 (S.I. 2018/619), arts. 1(1), 3, Sch. 2

Commencement Information

I10S. 9 in force at 28.7.2014 by S.I. 2014/1820, art. 3(h)

10Provision of biometric information with citizenship applicationsE+W+S+N.I.

(1)Section 41 of the British Nationality Act 1981 (regulations for giving effect to the Act) is amended as follows.

(2)In subsection (1), after paragraph (b) insert—

(bza)requiring an application for registration or naturalisation of a person as a British citizen to be accompanied by biometric information, or enabling an authorised person to require an individual to whom such an application relates to provide biometric information;.

(3)After subsection (1) insert—

(1ZA)In subsection (1)(bza) “authorised person” and “biometric information” have the same meaning as in section 126 of the Nationality, Immigration and Asylum Act 2002.

(1ZB)Section 126(4) to (7) of that Act applies to regulations under subsection (1)(bza) as it applies to regulations under section 126(1) of that Act.

(1ZC)Section 8 of the UK Borders Act 2007 (power to make regulations about use and retention of biometric information) applies to biometric information provided in accordance with regulations under subsection (1)(bza) as it applies to biometric information provided in accordance with regulations under section 5(1) of that Act.

(1ZD)But (despite section 8(5)(b) of that Act) regulations made by virtue of subsection (1ZC) may provide for photographs of a person who is registered or naturalised as a British citizen to be retained until the person is issued with a United Kingdom passport describing the person as a British citizen.

(4)In subsection (8)(b) for “(1)(bc)” substitute “ (1)(bza), (bc) ”.

Annotations:

Commencement Information

I11S. 10 in force at 28.7.2014 by S.I. 2014/1820, art. 3(i)

11Biometric immigration documentsE+W+S+N.I.

After section 7(2) of the UK Borders Act 2007 (effect of failure to comply with regulations about biometric immigration documents) insert—

(2A)If the regulations require a biometric immigration document to be used in connection with an application or claim, they may require or permit the application or claim to be disregarded or refused if that requirement is not complied with.

Annotations:

Commencement Information

I12S. 11 in force at 28.7.2014 by S.I. 2014/1820, art. 3(j)

12Meaning of “biometric information”E+W+S+N.I.

(1)Section 15 of the UK Borders Act 2007 (biometric immigration documents: interpretation) is amended as follows.

(2)In subsection (1), omit paragraphs (b) and (c).

(3)After subsection (1) insert—

(1A)For the purposes of section 5 “biometric information” means—

(a)information about a person's external physical characteristics (including in particular fingerprints and features of the iris), and

(b)any other information about a person's physical characteristics specified in an order made by the Secretary of State.

(1B)An order under subsection (1A)(b)—

(a)may specify only information that can be obtained or recorded by an external examination of a person;

(b)must not specify information about a person's DNA.

(1C)Section 6(6) applies to an order under subsection (1A)(b) as it applies to regulations under section 5(1).

(4)Schedule 2 (which amends other enactments) has effect.

Annotations:

Modifications etc. (not altering text)

C2S. 12(4) extended (with modifications) (Jersey) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Registration) (Jersey) Order 2018 (S.I. 2018/619), arts. 1(1), 3, Sch. 2

Commencement Information

I13S. 12 in force at 28.7.2014 by S.I. 2014/1820, art. 3(k)

13Safeguards for childrenE+W+S+N.I.

(1)Schedule 2 to the Immigration Act 1971 (entry control) is amended as follows.

(2)In paragraph 4 (power to take biometric information on examination), after sub-paragraph (6) (as inserted by paragraph 1(3) of Schedule 2) insert—

(7)A person (“P”) who is under 16 may not be required to provide biometric information under sub-paragraph (5) unless—

(a)the decision to require P to provide the information has been confirmed by a chief immigration officer, and

(b)the information is provided in the presence of a person of full age who is—

(i)P's parent or guardian, or

(ii)a person who for the time being takes responsibility for P.

(8)The person mentioned in sub-paragraph (7)(b)(ii) may not be—

(a)a person who is entitled to require the provision of information under sub-paragraph (5) (an “authorised person”), or

(b)an officer of the Secretary of State who is not such a person.

(9)Sub-paragraph (7) does not prevent an authorised person requiring the provision of biometric information by a person the authorised person reasonably believes to be 16 or over.

(3)In paragraph 18 (power to take biometric information from detained persons), after sub-paragraph (2A) insert—

(2B)Paragraph 4(7) to (9) applies to sub-paragraph (2) as it applies to paragraph 4(5).

Annotations:

Modifications etc. (not altering text)

C3S. 13 extended (with modifications) (Jersey) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Registration) (Jersey) Order 2018 (S.I. 2018/619), arts. 1(1), 3, Sch. 2

Commencement Information

I14S. 13 in force at 28.7.2014 by S.I. 2014/1820, art. 3(l)

14Use and retention of biometric informationE+W+S+N.I.

(1)For section 8 of the UK Borders Act 2007 substitute—

8Use and retention of biometric information

(1)The Secretary of State must by regulations make provision about the use and retention by the Secretary of State of biometric information provided in accordance with regulations under section 5(1).

(2)The regulations must provide that biometric information may be retained only if the Secretary of State thinks that it is necessary to retain it for use in connection with—

(a)the exercise of a function by virtue of the Immigration Acts, or

(b)the exercise of a function in relation to nationality.

(3)The regulations may include provision permitting biometric information retained by virtue of subsection (2) also to be used—

(a)in connection with the prevention, investigation or prosecution of an offence,

(b)for a purpose which appears to the Secretary of State to be required in order to protect national security,

(c)in connection with identifying persons who have died, or are suffering from illness or injury,

(d)for the purpose of ascertaining whether a person has acted unlawfully, or has obtained or sought anything to which the person is not legally entitled, and

(e)for such other purposes (whether in accordance with functions under an enactment or otherwise) as the regulations may specify.

(4)The regulations must include provision about the destruction of biometric information.

(5)In particular the regulations must require the Secretary of State to take all reasonable steps to ensure that biometric information is destroyed if the Secretary of State—

(a)no longer thinks that it is necessary to retain the information for use as mentioned in subsection (2), or

(b)is satisfied that the person to whom the information relates is a British citizen, or a Commonwealth citizen who has a right of abode in the United Kingdom as a result of section 2(1)(b) of the Immigration Act 1971.

(6)The regulations must also—

(a)require that any requirement to destroy biometric information by virtue of the regulations also applies to copies of the information, and

(b)require the Secretary of State to take all reasonable steps to ensure—

(i)that data held in electronic form which relates to biometric information which has to be destroyed by virtue of the regulations is destroyed or erased, or

(ii)that access to such data is blocked.

(7)But a requirement to destroy biometric information or data is not to apply if and in so far as the information or data is retained in accordance with and for the purposes of another power.

(8)The regulations must include provision—

(a)entitling a person whose biometric information has to be destroyed by virtue of the regulations, on request, to a certificate issued by the Secretary of State to the effect that the Secretary of State has taken the steps required by virtue of subsection (6)(b), and

(b)requiring such a certificate to be issued within the period of 3 months beginning with the date on which the request for it is received by the Secretary of State.

(9)Section 6(6) applies to regulations under this section as it applies to regulations under section 5(1).

(2)In the Immigration and Asylum Act 1999, after section 144 insert—

144AUse and retention of fingerprints etc.

(1)Section 8 of the UK Borders Act 2007 (power to make regulations about use and retention of biometric information) applies to—

(a)fingerprints taken by virtue of section 141, and

(b)biometric information taken by virtue of regulations under section 144,

as it applies to biometric information provided in accordance with regulations under section 5(1) of that Act.

(2)Regulations made by virtue of subsection (1)(a) must require fingerprints taken from a person (“F”) by virtue of section 141(7)(f) to be destroyed when fingerprints taken from the person whose dependant F is are destroyed.

(3)Regulations made by virtue of subsection (1)(b) must make equivalent provision in relation to biometric information taken by virtue of any provision of regulations under section 144 which is equivalent to section 141(7)(f).

(3)In section 126 of the Nationality, Immigration and Asylum Act 2002 (power to require provision of physical data with certain immigration applications), after subsection (8) insert—

(8A)Section 8 of the UK Borders Act 2007 (power to make regulations about use and retention of biometric information) applies to biometric information provided in accordance with regulations under subsection (1) as it applies to biometric information provided in accordance with regulations under section 5(1) of that Act.

Annotations:

Modifications etc. (not altering text)

C4S. 14 extended (with modifications) (Jersey) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Registration) (Jersey) Order 2018 (S.I. 2018/619), arts. 1(1), 3, Sch. 2

Commencement Information

I15S. 14 in force at 28.7.2014 by S.I. 2014/1820, art. 3(m)

PART 2 E+W+S+N.I.Appeals etc

15Right of appeal to First-tier TribunalE+W+S+N.I.

(1)Part 5 of the Nationality, Immigration and Asylum Act 2002 (immigration and asylum appeals) is amended as follows.

(2)For section 82 substitute—

82Right of appeal to the Tribunal

(1)A person (“P”) may appeal to the Tribunal where—

(a)the Secretary of State has decided to refuse a protection claim made by P,

(b)the Secretary of State has decided to refuse a human rights claim made by P, or

(c)the Secretary of State has decided to revoke P's protection status.

(2)For the purposes of this Part—

(a)a “protection claim” is a claim made by a person (“P”) that removal of P from the United Kingdom—

(i)would breach the United Kingdom's obligations under the Refugee Convention, or

(ii)would breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;

(b)P's protection claim is refused if the Secretary of State makes one or more of the following decisions—

(i)that removal of P from the United Kingdom would not breach the United Kingdom's obligations under the Refugee Convention;

(ii)that removal of P from the United Kingdom would not breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;

(c)a person has “protection status” if the person has been granted leave to enter or remain in the United Kingdom as a refugee or as a person eligible for a grant of humanitarian protection;

(d)humanitarian protection” is to be construed in accordance with the immigration rules;

(e)refugee” has the same meaning as in the Refugee Convention.

(3)The right of appeal under subsection (1) is subject to the exceptions and limitations specified in this Part.

(3)Sections 83 and 83A (appeal rights in respect of asylum claims) are repealed.

(4)For section 84 substitute—

84Grounds of appeal

(1)An appeal under section 82(1)(a) (refusal of protection claim) must be brought on one or more of the following grounds—

(a)that removal of the appellant from the United Kingdom would breach the United Kingdom's obligations under the Refugee Convention;

(b)that removal of the appellant from the United Kingdom would breach the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection;

(c)that removal of the appellant from the United Kingdom would be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention).

(2)An appeal under section 82(1)(b) (refusal of human rights claim) must be brought on the ground that the decision is unlawful under section 6 of the Human Rights Act 1998.

(3)An appeal under section 82(1)(c) (revocation of protection status) must be brought on one or more of the following grounds—

(a)that the decision to revoke the appellant's protection status breaches the United Kingdom's obligations under the Refugee Convention;

(b)that the decision to revoke the appellant's protection status breaches the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection.

(5)In section 85 (matters to be considered), for subsection (5) substitute—

(5)But the Tribunal must not consider a new matter unless the Secretary of State has given the Tribunal consent to do so.

(6)A matter is a “new matter” if—

(a)it constitutes a ground of appeal of a kind listed in section 84, and

(b)the Secretary of State has not previously considered the matter in the context of—

(i)the decision mentioned in section 82(1), or

(ii)a statement made by the appellant under section 120.

Annotations:

Commencement Information

I16S. 15 in force at 20.10.2014 by S.I. 2014/2771, art. 2(b) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

16Report by Chief Inspector on administrative reviewE+W+S+N.I.

(1)Before the end of the period of 12 months beginning on the day on which section 15 comes into force, the Secretary of State must commission from the Chief Inspector a report that addresses the following matters—

(a)the effectiveness of administrative review in identifying case working errors;

(b)the effectiveness of administrative review in correcting case working errors;

(c)the independence of persons conducting administrative review (in terms of their separation from the original decision-maker).

(2)On completion of the report, the Chief Inspector must send it to the Secretary of State.

(3)The Secretary of State must lay before Parliament a copy of the report received under subsection (2).

(4)In this section—

Annotations:

Commencement Information

I17S. 16 in force at 20.10.2014 by S.I. 2014/2771, art. 4(a)

17Place from which appeal may be brought or continuedE+W+S+N.I.

(1)Part 5 of the Nationality, Immigration and Asylum Act 2002 (immigration and asylum appeals) is amended as follows.

(2)For section 92 substitute—

92Place from which an appeal may be brought or continued

(1)This section applies to determine the place from which an appeal under section 82(1) may be brought or continued.

(2)In the case of an appeal under section 82(1)(a) (protection claim appeal), the appeal must be brought from outside the United Kingdom if—

(a)the claim to which the appeal relates has been certified under section 94(1) or (7) (claim clearly unfounded or removal to safe third country), or

(b)paragraph 5(3)(a), 10(3), 15(3) or 19(b) of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (removal of asylum seeker to safe third country) applies.

Otherwise, the appeal must be brought from within the United Kingdom.

(3)In the case of an appeal under section 82(1)(b) (human rights claim appeal) where the claim to which the appeal relates was made while the appellant was in the United Kingdom, the appeal must be brought from outside the United Kingdom if—

(a)the claim to which the appeal relates has been certified under section 94(1) or (7) (claim clearly unfounded or removal to safe third country) or section 94B (certification of human rights claims made by persons liable to deportation), or

(b)paragraph 5(3)(b) or (4), 10(4), 15(4) or 19(c) of Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (removal of asylum seeker to safe third country) applies.

Otherwise, the appeal must be brought from within the United Kingdom.

(4)In the case of an appeal under section 82(1)(b) (human rights claim appeal) where the claim to which the appeal relates was made while the appellant was outside the United Kingdom, the appeal must be brought from outside the United Kingdom.

(5)In the case of an appeal under section 82(1)(c) (revocation of protection status)—

(a)the appeal must be brought from within the United Kingdom if the decision to which the appeal relates was made while the appellant was in the United Kingdom;

(b)the appeal must be brought from outside the United Kingdom if the decision to which the appeal relates was made while the appellant was outside the United Kingdom.

(6)If, after an appeal under section 82(1)(a) or (b) has been brought from within the United Kingdom, the Secretary of State certifies the claim to which the appeal relates under section 94(1) or (7) or section 94B, the appeal must be continued from outside the United Kingdom.

(7)Where a person brings or continues an appeal under section 82(1)(a) (refusal of protection claim) from outside the United Kingdom, for the purposes of considering whether the grounds of appeal are satisfied, the appeal is to be treated as if the person were not outside the United Kingdom.

(8)Where an appellant brings an appeal from within the United Kingdom but leaves the United Kingdom before the appeal is finally determined, the appeal is to be treated as abandoned unless the claim to which the appeal relates has been certified under section 94(1) or (7) or section 94B.

(3)After section 94A, insert—

94BAppeal from within the United Kingdom: certification of human rights claims made by persons liable to deportation

(1)This section applies where a human rights claim has been made by a person (“P”) who is liable to deportation under—

(a)section 3(5)(a) of the Immigration Act 1971 (Secretary of State deeming deportation conducive to public good), or

(b)section 3(6) of that Act (court recommending deportation following conviction).

(2)The Secretary of State may certify the claim if the Secretary of State considers that, despite the appeals process not having been begun or not having been exhausted, removal of P to the country or territory to which P is proposed to be removed, pending the outcome of an appeal in relation to P's claim, would not be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention).

(3)The grounds upon which the Secretary of State may certify a claim under subsection (2) include (in particular) that P would not, before the appeals process is exhausted, face a real risk of serious irreversible harm if removed to the country or territory to which P is proposed to be removed.

Annotations:

Commencement Information

I18S. 17(1)(3) in force at 28.7.2014 by S.I. 2014/1820, art. 3(n)

I19S. 17(2) in force at 20.10.2014 by S.I. 2014/2771, art. 2(c) (with arts. 9-11, 15) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

18Review of certain deportation decisions by Special Immigration Appeals CommissionE+W+S+N.I.

In the Special Immigration Appeals Commission Act 1997, after section 2D insert—

2EJurisdiction: review of certain deportation decisions

(1)Subsection (2) applies in relation to a relevant deportation decision which has been certified under section 97 or 97A(1) of the Nationality, Immigration and Asylum Act 2002 (certification on grounds of national security etc).

(2)The person to whom the decision relates may apply to the Special Immigration Appeals Commission to set aside the decision.

(3)In determining whether the decision should be set aside, the Commission must apply the principles which would be applied in judicial review proceedings.

(4)If the Commission decides that the decision should be set aside, it may make any such order, or give any such relief, as may be made or given in judicial review proceedings.

(5)In this section “relevant deportation decision” means a decision of the Secretary of State about the deportation of a person from the United Kingdom, if and to the extent that—

(a)the decision is not subject to a right of appeal, or

(b)the decision (being subject to a right of appeal) gives rise to issues which may not be raised on such an appeal.

Annotations:

Commencement Information

I20S. 18 in force at 6.4.2015 by S.I. 2015/371, art. 4(a)

19Article 8 of the ECHR: public interest considerationsE+W+S+N.I.

After Part 5 of the Nationality, Immigration and Asylum Act 2002 insert—

PART 5A E+W+S+N.I.Article 8 of the ECHR: public interest considerations

117AApplication of this Part

(1)This Part applies where a court or tribunal is required to determine whether a decision made under the Immigration Acts—

(a)breaches a person's right to respect for private and family life under Article 8, and

(b)as a result would be unlawful under section 6 of the Human Rights Act 1998.

(2)In considering the public interest question, the court or tribunal must (in particular) have regard—

(a)in all cases, to the considerations listed in section 117B, and

(b)in cases concerning the deportation of foreign criminals, to the considerations listed in section 117C.

(3)In subsection (2), “the public interest question” means the question of whether an interference with a person's right to respect for private and family life is justified under Article 8(2).

117BArticle 8: public interest considerations applicable in all cases

(1)The maintenance of effective immigration controls is in the public interest.

(2)It is in the public interest, and in particular in the interests of the economic well-being of the United Kingdom, that persons who seek to enter or remain in the United Kingdom are able to speak English, because persons who can speak English—

(a)are less of a burden on taxpayers, and

(b)are better able to integrate into society.

(3)It is in the public interest, and in particular in the interests of the economic well-being of the United Kingdom, that persons who seek to enter or remain in the United Kingdom are financially independent, because such persons—

(a)are not a burden on taxpayers, and

(b)are better able to integrate into society.

(4)Little weight should be given to—

(a)a private life, or

(b)a relationship formed with a qualifying partner,

that is established by a person at a time when the person is in the United Kingdom unlawfully.

(5)Little weight should be given to a private life established by a person at a time when the person's immigration status is precarious.

(6)In the case of a person who is not liable to deportation, the public interest does not require the person's removal where—

(a)the person has a genuine and subsisting parental relationship with a qualifying child, and

(b)it would not be reasonable to expect the child to leave the United Kingdom.

117CArticle 8: additional considerations in cases involving foreign criminals

(1)The deportation of foreign criminals is in the public interest.

(2)The more serious the offence committed by a foreign criminal, the greater is the public interest in deportation of the criminal.

(3)In the case of a foreign criminal (“C”) who has not been sentenced to a period of imprisonment of four years or more, the public interest requires C's deportation unless Exception 1 or Exception 2 applies.

(4)Exception 1 applies where—

(a)C has been lawfully resident in the United Kingdom for most of C's life,

(b)C is socially and culturally integrated in the United Kingdom, and

(c)there would be very significant obstacles to C's integration into the country to which C is proposed to be deported.

(5)Exception 2 applies where C has a genuine and subsisting relationship with a qualifying partner, or a genuine and subsisting parental relationship with a qualifying child, and the effect of C's deportation on the partner or child would be unduly harsh.

(6)In the case of a foreign criminal who has been sentenced to a period of imprisonment of at least four years, the public interest requires deportation unless there are very compelling circumstances, over and above those described in Exceptions 1 and 2.

(7)The considerations in subsections (1) to (6) are to be taken into account where a court or tribunal is considering a decision to deport a foreign criminal only to the extent that the reason for the decision was the offence or offences for which the criminal has been convicted.

117DInterpretation of this Part

(1)In this Part—

(2)In this Part, “foreign criminal” means a person—

(a)who is not a British citizen,

(b)who has been convicted in the United Kingdom of an offence, and

(c)who—

(i)has been sentenced to a period of imprisonment of at least 12 months,

(ii)has been convicted of an offence that has caused serious harm, or

(iii)is a persistent offender.

(3)For the purposes of subsection (2)(b), a person subject to an order under—

(a)section 5 of the Criminal Procedure (Insanity) Act 1964 (insanity etc),

(b)section 57 of the Criminal Procedure (Scotland) Act 1995 (insanity etc), or

(c)Article 50A of the Mental Health (Northern Ireland) Order 1986 (insanity etc),

has not been convicted of an offence.

(4)In this Part, references to a person who has been sentenced to a period of imprisonment of a certain length of time—

(a)do not include a person who has received a suspended sentence (unless a court subsequently orders that the sentence or any part of it (of whatever length) is to take effect);

(b)do not include a person who has been sentenced to a period of imprisonment of that length of time only by virtue of being sentenced to consecutive sentences amounting in aggregate to that length of time;

(c)include a person who is sentenced to detention, or ordered or directed to be detained, in an institution other than a prison (including, in particular, a hospital or an institution for young offenders) for that length of time; and

(d)include a person who is sentenced to imprisonment or detention, or ordered or directed to be detained, for an indeterminate period, provided that it may last for at least that length of time.

(5)If any question arises for the purposes of this Part as to whether a person is a British citizen, it is for the person asserting that fact to prove it.

Annotations:

Commencement Information

I21S. 19 in force at 28.7.2014 by S.I. 2014/1820, art. 3(o)

PART 3E+W+S+N.I.Access to services etc

CHAPTER 1E+W+S+N.I.Residential tenancies

Key interpretationE+W+S+N.I.

20Residential tenancy agreementE+W+S+N.I.

(1)This section applies for the purposes of this Chapter.

(2)Residential tenancy agreement” means a tenancy which—

(a)grants a right of occupation of premises for residential use,

(b)provides for payment of rent (whether or not a market rent), and

(c)is not an excluded agreement.

(3)In subsection (2), “tenancy” includes—

(a)any lease, licence, sub-lease or sub-tenancy, and

(b)an agreement for any of those things,

and in this Chapter references to “landlord” and “tenant”, and references to premises being “leased”, are to be read accordingly.

(4)For the purposes of subsection (2)(a), an agreement grants a right of occupation of premises “for residential use” if, under the agreement, one or more adults have the right to occupy the premises as their only or main residence (whether or not the premises may also be used for other purposes).

(5)In subsection (2)(b) “rent” includes any sum paid in the nature of rent.

(6)In subsection (2)(c) “excluded agreement” means any agreement of a description for the time being specified in Schedule 3.

(7)The Secretary of State may by order amend Schedule 3 so as to—

(a)add a new description of excluded agreement,

(b)remove any description, or

(c)amend any description.

Annotations:

Commencement Information

I22S. 20 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(a)

I23S. 20 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(a)

21Persons disqualified by immigration status or with limited right to rentE+W+S+N.I.

(1)For the purposes of this Chapter, a person (“P”) is disqualified as a result of their immigration status from occupying premises under a residential tenancy agreement if—

(a)P is not a relevant national, and

(b)P does not have a right to rent in relation to the premises.

(2)P does not have a “right to rent” in relation to premises if—

(a)P requires leave to enter or remain in the United Kingdom but does not have it, or

(b)P's leave to enter or remain in the United Kingdom is subject to a condition preventing P from occupying the premises.

(3)But P is to be treated as having a right to rent in relation to premises (in spite of subsection (2)) if the Secretary of State has granted P permission for the purposes of this Chapter to occupy premises under a residential tenancy agreement.

(4)References in this Chapter to a person with a “limited right to rent” are references to—

(a)a person who has been granted leave to enter or remain in the United Kingdom for a limited period, or

(b)a person who—

(i)is not a relevant national, and

(ii)is entitled to enter or remain in the United Kingdom by virtue of an enforceable EU right or of any provision made under section 2(2) of the European Communities Act 1972.

(5)In this section “relevant national” means—

(a)a British citizen,

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

(c)a national of Switzerland.

Annotations:

Commencement Information

I24S. 21 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(b)

I25S. 21 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(b)

Penalty noticesE+W+S+N.I.

22Persons disqualified by immigration status not to be leased premisesE+W+S+N.I.

(1)A landlord must not authorise an adult to occupy premises under a residential tenancy agreement if the adult is disqualified as a result of their immigration status.

(2)A landlord is to be taken to “authorise” an adult to occupy premises in the circumstances mentioned in subsection (1) if (and only if) there is a contravention of this section.

(3)There is a contravention of this section in either of the following cases.

(4)The first case is where a residential tenancy agreement is entered into that, at the time of entry, grants a right to occupy premises to—

(a)a tenant who is disqualified as a result of their immigration status,

(b)another adult named in the agreement who is disqualified as a result of their immigration status, or

(c)another adult not named in the agreement who is disqualified as a result of their immigration status (subject to subsection (6)).

(5)The second case is where—

(a)a residential tenancy agreement is entered into that grants a right to occupy premises on an adult with a limited right to rent,

(b)the adult later becomes a person disqualified as a result of their immigration status, and

(c)the adult continues to occupy the premises after becoming disqualified.

(6)There is a contravention as a result of subsection (4)(c) only if—

(a)reasonable enquiries were not made of the tenant before entering into the agreement as to the relevant occupiers, or

(b)reasonable enquiries were so made and it was, or should have been, apparent from the enquiries that the adult in question was likely to be a relevant occupier.

(7)Any term of a residential tenancy agreement that prohibits occupation of premises by a person disqualified by their immigration status is to be ignored for the purposes of determining whether there has been a contravention of this section if—

(a)the landlord knew when entering into the agreement that the term would be breached, or

(b)the prescribed requirements were not complied with before entering into the agreement.

(8)It does not matter for the purposes of this section whether or not—

(a)a right of occupation is exercisable on entering into an agreement or from a later date;

(b)a right of occupation is granted unconditionally or on satisfaction of a condition.

(9)A contravention of this section does not affect the validity or enforceability of any provision of a residential tenancy agreement by virtue of any rule of law relating to the validity or enforceability of contracts in circumstances involving illegality.

(10)In this Chapter—

Annotations:

Commencement Information

I26S. 22 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(c)

I27S. 22 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(c)

23Penalty notices: landlordsE+W+S+N.I.

(1)If there is a contravention of section 22, the Secretary of State may give the responsible landlord a notice requiring the payment of a penalty.

(2)The amount of the penalty is such an amount as the Secretary of State considers appropriate, but the amount must not exceed £3,000.

(3)Responsible landlord” means—

(a)in relation to a pre-grant contravention, the landlord who entered into the residential tenancy agreement;

(b)in relation to a post-grant contravention, the person who is the landlord under the agreement at the time of the contravention.

(4)But if there is a superior landlord in relation to the residential tenancy agreement who is responsible for the purposes of this section, the “responsible landlord” means that superior landlord (and references to the landlord in the following provisions of this Chapter are to be read accordingly).

(5)A superior landlord is “responsible for the purposes of this section” if arrangements in writing have been made in relation to the residential tenancy agreement between the landlord and the superior landlord under which the superior landlord accepts responsibility for—

(a)contraventions of section 22 generally, or

(b)contraventions of a particular description and the contravention in question is of that description.

(6)The Secretary of State may by order amend the amount for the time being specified in subsection (2).

Annotations:

Commencement Information

I28S. 23 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(d)

I29S. 23 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(d)

24Excuses available to landlordsE+W+S+N.I.

(1)This section applies where a landlord is given a notice under section 23 requiring payment of a penalty.

(2)Where the notice is given for a pre-grant contravention, the landlord is excused from paying the penalty if the landlord shows that—

(a)the prescribed requirements were complied with before the residential tenancy agreement was entered into, or

(b)a person acting as the landlord's agent is responsible for the contravention (see section 25(2)).

(3)The prescribed requirements may be complied with for the purposes of subsection (2)(a) at any time before the residential tenancy agreement is entered into.

(4)But where compliance with the prescribed requirements discloses that a relevant occupier is a person with a limited right to rent, the landlord is excused under subsection (2)(a) only if the requirements are complied with in relation to that occupier within such period as may be prescribed.

(5)The excuse under subsection (2)(a) or (b) is not available if the landlord knew that entering into the agreement would contravene section 22.

(6)Where the notice is given for a post-grant contravention, the landlord is excused from paying the penalty if any of the following applies—

(a)the landlord has notified the Secretary of State of the contravention as soon as reasonably practicable;

(b)a person acting as the landlord's agent is responsible for the contravention;

(c)the eligibility period in relation to the limited right occupier whose occupation caused the contravention has not expired.

(7)For the purposes of subsection (6)(a), the landlord is to be taken to have notified the Secretary of State of the contravention “as soon as reasonably practicable” if the landlord—

(a)complied with the prescribed requirements in relation to each limited right occupier at the end of the eligibility period, and

(b)notified the Secretary of State of the contravention without delay on it first becoming apparent that the contravention had occurred.

(8)Notification under subsection (6)(a) must be in the prescribed form and manner.

(9)In this Chapter “limited right occupier”, in relation to a residential tenancy agreement, means a relevant occupier who had a limited right to rent at the time when the occupier was first granted a right to occupy the premises under the agreement.

Annotations:

Modifications etc. (not altering text)

Commencement Information

I30S. 24 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(e)

I31S. 24 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(e)

25Penalty notices: agentsE+W+S+N.I.

(1)Subsection (3) applies where—

(a)a landlord contravenes section 22, and

(b)a person acting as the landlord's agent (“the agent”) is responsible for the contravention.

(2)For the purposes of this Chapter, an agent is responsible for a landlord's contravention of section 22 if (and only if)—

(a)the agent acts in the course of a business, and

(b)under arrangements made with the landlord in writing, the agent was under an obligation for the purposes of this Chapter to comply with the prescribed requirements on behalf of the landlord.

(3)The Secretary of State may give the agent a notice requiring the agent to pay a penalty.

(4)The amount of the penalty is such an amount as the Secretary of State considers appropriate, but the amount must not exceed £3,000.

(5)The Secretary of State may by order amend the amount for the time being specified in subsection (4).

Annotations:

Commencement Information

I32S. 25 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(f)

I33S. 25 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(f)

26Excuses available to agentsE+W+S+N.I.

(1)This section applies where an agent is given a notice under section 25 requiring payment of a penalty.

(2)Where the notice is given for a pre-grant contravention, the agent is excused from paying the penalty if the agent shows that the prescribed requirements were complied with before the residential tenancy agreement was entered into.

(3)The prescribed requirements may be complied with for the purposes of subsection (2) at any time before the residential tenancy agreement is entered into.

(4)But where compliance with the prescribed requirements discloses that a relevant occupier is a person with a limited right to rent, the agent is excused under subsection (2) only if the requirements are complied with in relation to that occupier within such period as may be prescribed.

(5)The excuse under subsection (2) is not available if the agent—

(a)knew that the landlord would contravene section 22 by entering into the agreement,

(b)had sufficient opportunity to notify the landlord of that fact before the landlord entered into the agreement, but

(c)did not do so.

(6)Where the notice is given for a post-grant contravention, the agent is excused from paying the penalty if either of the following applies—

(a)the agent has notified the Secretary of State and the landlord of the contravention as soon as reasonably practicable;

(b)the eligibility period in relation to the limited right occupier whose occupation caused the contravention has not expired.

(7)For the purposes of subsection (6)(a), the agent is to be taken to have notified the Secretary of State and the landlord of the contravention “as soon as reasonably practicable” if the agent—

(a)complied with the prescribed requirements in relation to each limited right occupier at the end of the eligibility period, and

(b)notified the Secretary of State and the landlord of the contravention without delay on it first becoming apparent that the contravention had occurred.

(8)Notification under subsection (6)(a) must be in the prescribed form and manner.

Annotations:

Modifications etc. (not altering text)

Commencement Information

I34S. 26 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(g)

I35S. 26 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(g)

27Eligibility periodE+W+S+N.I.

(1)An eligibility period in relation to a limited right occupier is established if the prescribed requirements are complied with in relation to the occupier.

(2)An eligibility period established under subsection (1) may be renewed (on one or more occasions) by complying with the prescribed requirements again.

(3)But an eligibility period in relation to a limited right occupier is only established or renewed under this section at any time if it reasonably appears from the information obtained in complying with the prescribed requirements at that time that the occupier is a person with a limited right to rent.

(4)The length of an eligibility period established or renewed under this section in relation to a limited right occupier is the longest of the following periods—

(a)the period of one year beginning with the time when the prescribed requirements were last complied with in relation to the occupier;

(b)so much of any leave period as remains at that time;

(c)so much of any validity period as remains at that time.

(5)In subsection (4)—

(6)In subsection (5) “immigration document” means a document of a prescribed description which—

(a)is issued as evidence that a person who is not a national of an EEA state or Switzerland is entitled to enter or remain in the United Kingdom by virtue of an enforceable EU right or of any provision made under section 2(2) of the European Communities Act 1972, or

(b)grants to the holder a right to enter or remain in the United Kingdom for such period as the document may authorise.

Annotations:

Commencement Information

I36S. 27 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(h)

I37S. 27 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(h)

28Penalty notices: generalE+W+S+N.I.

(1)The Secretary of State may give a penalty notice—

(a)to a landlord under section 23 without having established whether the landlord is excused from paying the penalty under section 24;

(b)to an agent under section 25 without having established whether the agent is excused from paying the penalty under section 26.

(2)A penalty notice must—

(a)be in writing,

(b)state why the Secretary of State thinks the recipient is liable to the penalty,

(c)state the amount of the penalty,

(d)specify a date, at least 28 days after the date specified in the notice as the date on which it is given, before which the penalty must be paid,

(e)specify how a penalty must be paid,

(f)explain how the recipient may object to the penalty or make an appeal against it, and

(g)explain how the Secretary of State may enforce the penalty.

(3)A separate penalty notice may be given in respect of each adult disqualified by their immigration status in relation to whom there is a contravention of section 22.

(4)Where a penalty notice is given to two or more persons who jointly constitute the landlord or agent in relation to a residential tenancy agreement, those persons are jointly and severally liable for any sum payable to the Secretary of State as a penalty imposed by the notice.

(5)A penalty notice may not be given in respect of any adult if—

(a)the adult has ceased to occupy the premises concerned, and

(b)a period of 12 months or more has passed since the time when the adult last occupied the premises,

but this subsection is not to be taken as affecting the validity of a penalty notice given before the end of that period.

(6)Subsection (5) does not apply to a penalty notice given after the end of the 12 month period mentioned in that subsection if—

(a)it is a new penalty notice given by virtue of section 29(6)(b) on the determination of an objection to another penalty notice, and

(b)that other penalty notice was given before the end of the period.

Annotations:

Commencement Information

I38S. 28 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(i)

I39S. 28 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(i)

Objections, appeals and enforcementE+W+S+N.I.

29ObjectionE+W+S+N.I.

(1)The recipient of a penalty notice (“the recipient”) may object on the ground that—

(a)the recipient is not liable to the imposition of the penalty,

(b)the recipient is excused by virtue of section 24 or 26, or

(c)the amount of the penalty is too high.

(2)An objection must be made by giving a notice of objection to the Secretary of State.

(3)A notice of objection must—

(a)be in writing,

(b)give the reasons for the objection,

(c)be given in the prescribed manner, and

(d)be given before the end of the prescribed period.

(4)In considering a notice of objection to a penalty the Secretary of State must have regard to the code of practice under section 32.

(5)On considering a notice of objection the Secretary of State may—

(a)cancel the penalty,

(b)reduce the penalty,

(c)increase the penalty, or

(d)determine to take no action.

(6)After reaching a decision as to how to proceed under subsection (5) the Secretary of State must—

(a)notify the recipient of the decision (including the amount of any increased or reduced penalty) before the end of the prescribed period or such longer period as the Secretary of State may agree with the recipient, and

(b)if the penalty is increased, issue a new penalty notice under section 23 or (as the case may be) section 25.

Annotations:

Commencement Information

I40S. 29 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(j)

I41S. 29 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(j)

30AppealsE+W+S+N.I.

(1)The recipient may appeal to the court on the ground that—

(a)the recipient is not liable to the imposition of a penalty,

(b)the recipient is excused payment as a result of section 24 or 26, or

(c)the amount of the penalty is too high.

(2)The court may—

(a)allow the appeal and cancel the penalty,

(b)allow the appeal and reduce the penalty, or

(c)dismiss the appeal.

(3)An appeal is to be a re-hearing of the Secretary of State's decision to impose a penalty and is to be determined having regard to—

(a)the code of practice under section 32 that has effect at the time of the appeal, and

(b)any other matters which the court thinks relevant (which may include matters of which the Secretary of State was unaware).

(4)Subsection (3) has effect despite any provisions of rules of court.

(5)An appeal may be brought only if the recipient has given a notice of objection under section 29 and the Secretary of State—

(a)has determined the objection by issuing to the recipient the penalty notice (as a result of increasing the penalty under section 29(5)(c)),

(b)has determined the objection by—

(i)reducing the penalty under section 29(5)(b), or

(ii)taking no action under section 29(5)(d), or

(c)has not informed the recipient of a decision before the end of the period that applies for the purposes of section 29(6)(a).

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

(7)Where the appeal is brought under subsection (5)(a), the relevant date is the date specified in the penalty notice issued in accordance with section 29(6)(b) as the date on which it is given.

(8)Where the appeal is brought under subsection (5)(b), the relevant date is the date specified in the notice informing the recipient of the decision for the purposes of section 29(6)(a) as the date on which it is given.

(9)Where the appeal is brought under subsection (5)(c), the relevant date is the date on which the period that applies for the purposes of section 29(6)(a) ends.

(10)In this section “the court” means—

(a)the county court, if the appeal relates to a residential tenancy agreement in relation to premises in England and Wales;

(b)the sheriff, if the appeal relates to a residential tenancy agreement in relation to premises in Scotland;

(c)a county court in Northern Ireland, if the appeal relates to a residential tenancy agreement in relation to premises in Northern Ireland.

Annotations:

Commencement Information

I42S. 30 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(k)

I43S. 30 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(k)

31EnforcementE+W+S+N.I.

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

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

(3)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.

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

(5)Where action is taken under this section for the recovery of a sum payable as a penalty under this Chapter, 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 Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (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.

(6)Money paid to the Secretary of State by way of a penalty must be paid into the Consolidated Fund.

Annotations:

Commencement Information

I44S. 31 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(l)

I45S. 31 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(l)

Codes of practiceE+W+S+N.I.

32General mattersE+W+S+N.I.

(1)The Secretary of State must issue a code of practice for the purposes of this Chapter.

(2)The code must specify factors that the Secretary of State will consider when determining the amount of a penalty imposed under this Chapter.

(3)The code may contain guidance about—

(a)factors that the Secretary of State will consider when determining whether—

(i)a residential tenancy agreement grants a right of occupation of premises for residential use, or

(ii)a person is occupying premises as an only or main residence;

(b)the reasonable enquiries that a landlord should make to determine the identity of relevant occupiers in relation to a residential tenancy agreement (so far as they are not named in the agreement);

(c)any other matters in connection with this Chapter that the Secretary of State considers appropriate.

(4)Guidance under subsection (3)(a) may in particular relate to the treatment for the purposes of this Chapter of arrangements that are made in connection with holiday lettings or lettings for purposes connected with business travel.

(5)The Secretary of State must from time to time review the code and may revise and re-issue it following a review.

(6)The code (or revised code)—

(a)may not be issued unless a draft has been laid before Parliament, and

(b)comes into force in accordance with provision made by order of the Secretary of State.

Annotations:

Commencement Information

I46S. 32 in force at 1.12.2014 by S.I. 2014/2771, art. 7(a)

33DiscriminationE+W+S+N.I.

(1)The Secretary of State must issue a code of practice specifying what a landlord or agent should or should not do to ensure that, while avoiding liability to pay a penalty under this Chapter, the landlord or agent also avoids contravening—

(a)the Equality Act 2010, so far as relating to race, or

(b)the Race Relations (Northern Ireland) Order 1997 (S.I. 1997/869 (N.I. 6)).

(2)The Secretary of State must from time to time review the code and may revise and re-issue it following a review.

(3)Before issuing the code (or a revised code) the Secretary of State must consult—

(a)the Commission for Equality and Human Rights,

(b)the Equality Commission for Northern Ireland, and

(c)such persons representing the interests of landlords and tenants as the Secretary of State considers appropriate.

(4)After consulting under subsection (3) the Secretary of State must—

(a)publish a draft code, and

(b)consider any representations made about the published draft.

(5)The code (or revised code)—

(a)may not be issued unless a draft has been laid before Parliament (prepared after considering representations under subsection (4)(b) and with or without modifications to reflect the representations), and

(b)comes into force in accordance with provision made by order of the Secretary of State.

(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.

Annotations:

Commencement Information

I47S. 33 in force at 1.12.2014 by S.I. 2014/2771, art. 7(b)

[F1OffencesE+W+S+N.I.

Annotations:

Amendments (Textual)

F1Ss. 33A-33C and cross-heading inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(2), 94(1); S.I. 2016/1037, regs. 2(a), 5(c)

33AOffences: landlordsE+W+S+N.I.

(1)The landlord under a residential tenancy agreement which relates to premises in England commits an offence if the first and second conditions are met.

(2)The first condition is that the premises are occupied by an adult who is disqualified as a result of their immigration status from occupying premises under a residential tenancy agreement.

(3)The second condition is that the landlord knows or has reasonable cause to believe that the premises are occupied by an adult who is disqualified as a result of their immigration status from occupying premises under a residential tenancy agreement.

(4)But unless subsection (5) applies the landlord does not commit an offence under subsection (1) if—

(a)the premises are located in an area in relation to which section 22 is in force,

(b)the adult mentioned in subsections (2) and (3) is a limited right occupier, and

(c)the eligibility period in relation to that occupier has not expired.

(5)This subsection applies if the Secretary of State has given a notice in writing to the landlord which—

(a)identifies the adult mentioned in subsections (2) and (3), and

(b)states that the adult is disqualified as a result of their immigration status from occupying premises under a residential tenancy agreement.

(6)It is a defence for a person charged with an offence under subsection (1) to prove that—

(a)the person has taken reasonable steps to terminate the residential tenancy agreement, and

(b)the person has taken such steps within a reasonable period beginning with the time when the person first knew or had reasonable cause to believe that the premises were occupied by the adult mentioned in subsections (2) and (3).

(7)In determining whether subsection (6)(a) or (b) applies to a person, the court must have regard to any guidance which, at the time in question, had been issued by the Secretary of State for the purposes of that subsection and was in force at that time.

(8)Guidance issued for the purposes of subsection (6)—

(a)must be laid before Parliament in draft before being issued, and

(b)comes into force in accordance with regulations made by the Secretary of State.

(9)Section 22(9) applies for the purposes of subsection (1) as it applies for the purposes of that section.

(10)A person commits an offence if—

(a)there has been a post-grant contravention in relation to a residential tenancy agreement which relates to premises in England,

(b)the person is the responsible landlord in relation to the post-grant contravention,

(c)the person knows or has reasonable cause to believe that there has been a post-grant contravention in relation to the agreement, and

(d)none of paragraphs (a), (b) and (c) of section 24(6) applies in relation to the post-grant contravention.

(11)Subsection (10) applies whether or not the landlord is given a notice under section 23 in respect of the contravention.

33BOffences: agentsE+W+S+N.I.

(1)Subsection (2) applies to an agent who is responsible for a landlord's contravention of section 22 in relation to premises in England.

(2)The agent commits an offence if the agent—

(a)knew or had reasonable cause to believe that the landlord would contravene section 22 by entering into the residential tenancy agreement in question,

(b)had sufficient opportunity to notify the landlord of that fact before the landlord entered into the agreement, but

(c)did not do so.

(3)Subsection (4) applies where—

(a)a landlord contravenes section 22 in relation to a residential tenancy agreement relating to premises in England,

(b)the contravention is a post-grant contravention, and

(c)a person acting as the landlord's agent (“the agent”) is responsible for the post-grant contravention.

(4)The agent commits an offence if—

(a)the agent knows or has reasonable cause to believe that there has been a post-grant contravention in relation to the agreement, and

(b)neither of paragraphs (a) and (b) of section 26(6) applies in relation to the post-grant contravention.

(5)Subsection (4) applies whether or not the agent is given a notice under section 25 in respect of the contravention.

33COffences: penalties etcE+W+S+N.I.

(1)A person who is guilty of an offence under section 33A or 33B is liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both;

(b)on summary conviction, to imprisonment for a term not exceeding 12 months, to a fine or to both.

(2)In the application of this section in relation to an offence committed before the coming into force of section 154(1) of the Criminal Justice Act 2003 the reference in subsection (1)(b) to 12 months is to be read as a reference to 6 months.

(3)If an offence under section 33A or 33B is committed by a body corporate with the consent or connivance of an officer of the body, the officer, as well as the body, is to be treated as having committed the offence.

(4)In subsection (3) a reference to an officer of a body includes a reference to—

(a)a director, manager or secretary,

(b)a person purporting to act as a director, manager or secretary, and

(c)if the affairs of the body are managed by its members, a member.

(5)Where an offence under section 33A or 33B is committed by a partnership (whether or not a limited partnership) subsection (3) has effect, but as if a reference to an officer of the body were a reference to—

(a)a partner, and

(b)a person purporting to act as a partner.

(6)An offence under section 33A or 33B is to be treated as—

(a)a relevant offence for the purposes of sections 28B and 28D of the Immigration Act 1971 (search, entry and arrest), and

(b)an offence under Part 3 of that Act (criminal proceedings) for the purposes of sections 28E, 28G and 28H of that Act (search after arrest).]

[F2EvictionE+W+S+N.I.

Annotations:

Amendments (Textual)

F2Ss. 33D, 33E and cross-heading inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 40(2), 94(1); S.I. 2016/1037, regs. 2(a), 5(d)

33DTermination of agreement where all occupiers disqualifiedE+W+S+N.I.

(1)The landlord under a residential tenancy agreement relating to premises in England may terminate the agreement in accordance with this section if the condition in subsection (2) is met.

(2)The condition is that the Secretary of State has given one or more notices in writing to the landlord which, taken together,—

(a)identify the occupier of the premises or (if there is more than one occupier) all of them, and

(b)state that the occupier or occupiers are disqualified as a result of their immigration status from occupying premises under a residential tenancy agreement.

(3)The landlord may terminate the residential tenancy agreement by giving notice in writing and in the prescribed form to the tenant or, in the case of a joint tenancy, all of the tenants specifying the date on which the agreement comes to an end.

(4)That date must not be earlier than the end of the period of 28 days beginning with the day specified in the notice as the day on which it is given.

(5)The notice may be given—

(a)by delivering it to the tenant or tenants,

(b)by leaving it at the premises,

(c)by sending it by post to the tenant or tenants at the address of the premises, or

(d)in any other prescribed manner.

(6)The notice is to be treated as a notice to quit in a case where a notice to quit would otherwise be required to bring the residential tenancy agreement to an end.

(7)The notice is enforceable as if it were an order of the High Court.

(8)In this section “occupier”, in relation to premises to which a residential tenancy agreement applies, means—

(a)a tenant,

(b)a person who, under the agreement, otherwise has the right to occupy the premises and is named in the agreement, and

(c)any other person who the landlord knows is occupying the premises.

33EOther procedures for ending agreementE+W+S+N.I.

(1)It is an implied term of a residential tenancy agreement to which this subsection applies that the landlord may terminate the tenancy if the premises to which it relates are occupied by an adult who is disqualified as a result of their immigration status from occupying premises under a residential tenancy agreement.

(2)Subsection (1) applies to a residential tenancy agreement relating to premises in England if—

(a)it is a tenancy or sub-tenancy or an agreement for a tenancy or sub-tenancy, but

(b)it is not a protected or statutory tenancy within the meaning of the Rent Act 1977 or an assured tenancy within the meaning of the Housing Act 1988.

(3)For provision relating to a residential tenancy agreement which is a protected or statutory tenancy where a tenant or occupier is disqualified as a result of their immigration status from occupying premises under a residential tenancy agreement, see Case 10A in Part 1 of Schedule 15 to the Rent Act 1977.

(4)For provision relating to a residential tenancy agreement which is an assured tenancy where a tenant or occupier is disqualified as a result of their immigration status from occupying premises under a residential tenancy agreement, see Ground 7B in Part 1 of Schedule 2 to the Housing Act 1988.]

GeneralE+W+S+N.I.

34OrdersE+W+S+N.I.

(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)obtain 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)take 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 in that House as if it were not a hybrid instrument.

Annotations:

Commencement Information

I48S. 34 in force at 1.12.2014 by S.I. 2014/2771, art. 7(c)

35Transitional provisionE+W+S+N.I.

(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 entered 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)the 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 purposes or areas.

[F3(4)References in this section to this Chapter do not include sections 33A to 33E (offences and eviction).

(5)Sections 33A to 33C apply in relation to a residential tenancy agreement entered into before or after the coming into force of section 39 of the Immigration Act 2016 (which inserted those sections into this Act).

(6)But sections 33A(10) and (11) and 33B apply only in relation to a contravention of section 22 which occurs after the coming into force of section 39 of the Immigration Act 2016.]

[F4(7)Sections 33D and 33E apply in relation to a residential tenancy agreement entered into before or after the coming into force of section 40 of the Immigration Act 2016 (which inserted those sections into this Act).]

Annotations:

Amendments (Textual)

F3S. 35(4)-(6) inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(3), 94(1); S.I. 2016/1037, regs. 2(a), 5(c)

F4S. 35(7) inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 40(3), 94(1); S.I. 2016/1037, regs. 2(b), 5(d)

Modifications etc. (not altering text)

C10S. 35(3): 1.12.2014 appointed as "the commencement day" by S.I. 2014/2771, art. 12

Commencement Information

I49S. 35 in force at 1.12.2014 by S.I. 2014/2771, art. 7(d)

36Crown applicationE+W+S+N.I.

This Chapter binds the Crown, except where the Crown is the responsible landlord for the purposes of section 23 [F5or the landlord for the purposes of section 33A.]

Annotations:

Amendments (Textual)

F5Words in s. 36 inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(4), 94(1); S.I. 2016/1037, regs. 2(a), 5(c)

Commencement Information

I50S. 36 in force at 1.12.2014 by S.I. 2014/2771, art. 7(e)

37InterpretationE+W+S+N.I.

(1)In this Chapter—

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

(a)the 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 read 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 residential tenancy agreement—

(a)the references to the landlord in—

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

(ii)section 24(5), (6)(a) and (7), F6...

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

[F7(iv)section 33A,]

[F8(v)section 33D, and

(vi)section 33E,]

are 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)the 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)a 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)rights 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 under an agreement or in the circumstances of any such person.

Annotations:

Amendments (Textual)

F6Word in s. 37(4)(a)(ii) omitted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by virtue of Immigration Act 2016 (c. 19), ss. 39(5)(a), 94(1); S.I. 2016/1037, regs. 2(a), 5(c)

F7S. 37(4)(a)(iv) inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(5)(b), 94(1); S.I. 2016/1037, regs. 2(a), 5(c)

F8S. 37(4)(a)(v)(vi) inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 40(4), 94(1); S.I. 2016/1037, regs. 2(b), 5(d)

Commencement Information

I51S. 37 in force at 1.12.2014 by S.I. 2014/2771, art. 7(f)

CHAPTER 2E+W+S+N.I.Other services etc

National Health ServiceE+W+S+N.I.

38Immigration health chargeE+W+S+N.I.

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

(a)persons 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) of 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)impose 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 Secretary 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 (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)Sums 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—

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.

Annotations:

Commencement Information

I52S. 38 in force at 20.10.2014 by S.I. 2014/2771, art. 4(b)

39Related provision: charges for health servicesE+W+S+N.I.

(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 but 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 of 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)Article 42 of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)) (provision of services to persons not ordinarily resident in Northern Ireland).

Annotations:

Commencement Information

I53S. 39 in force at 6.4.2015 by S.I. 2015/874, art. 2(a)

Bank accountsE+W+S+N.I.

40Prohibition on opening current accounts for disqualified personsE+W+S+N.I.

(1)A 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 circumstances 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 have 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 opened 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)adding P as an account holder or as a signatory or identified beneficiary in relation to an account.

(4)In subsection (3)(a)—

(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)A 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.

[F9(7)The prohibition in subsection (1) does not 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 description specified in an order made by the Treasury.]

Annotations:

Amendments (Textual)

Commencement Information

I54S. 40 in force at 12.12.2014 by S.I. 2014/1943, art. 2

[F1040ARequirement to carry out immigration checks in relation to current accountsE+W+S+N.I.

(1)A bank or building society must, at such times or with such frequency as is specified in regulations made by the Treasury, carry out an immigration check in relation to each current account held with it that is not an excluded account.

(2)For the purposes of this section carrying out an “immigration check” in relation to a current account means checking whether, according to information supplied by the Secretary of State to a specified anti-fraud organisation or a specified data-matching authority, the account is operated by or for a disqualified person.

(3)A “disqualified person” is a person—

(a)who is in the United Kingdom,

(b)who requires leave to enter or remain in the United Kingdom but does not have it, and

(c)for whom the Secretary of State considers that a current account should not be provided by a bank or building society.

(4)A current account is an excluded account for the purposes of subsection (1) if the account is operated by or for a person or body of a description specified in regulations made by the Treasury.

(5)An account is operated by or for a person or body if the person or body is an account holder or a signatory or identified as a beneficiary in relation to the account.

(6)A bank or building society must—

(a)make arrangements with a specified anti-fraud organisation or a specified data-matching authority for the purpose of enabling the bank or building society to carry out immigration checks in relation to current accounts, and

(b)pay any reasonable fee required to be paid under those arrangements.

(7)In this section “specified anti-fraud organisation” and “specified data-matching authority” have the same meaning as in section 40(3)(a).

Annotations:

Amendments (Textual)

F10Ss. 40A-40H inserted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 2; S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)

40BRequirement to notify existence of current accounts for disqualified personsE+W+S+N.I.

(1)This section applies where, as a result of an immigration check carried out under section 40A, a bank or building society identifies a current account that is operated by or for a person who the bank or building society believes to be a disqualified person.

(2)Where this section applies, the bank or building society (as the case may be) must as soon as reasonably practicable—

(a)notify the Secretary of State that a current account held with it is operated by or for a person who it believes to be a disqualified person, and

(b)provide the Secretary of State with such other information as may be prescribed.

(3)A notification made, or information provided, under subsection (2) must be made or provided in the prescribed form and manner.

(4)In subsections (2) and (3) “prescribed” means prescribed in regulations made by the Treasury.

(5)Regulations under subsection (2) may (in particular) require the provision of information relating to any accounts held with the bank or building society that are operated by or for the person who is believed to be a disqualified person.

Annotations:

Amendments (Textual)

F10Ss. 40A-40H inserted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 2; S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)

40CAction to be taken by Secretary of State following section 40B notificationE+W+S+N.I.

(1)Where the Secretary of State receives a notification from a bank or building society under section 40B(2) in relation to a person, the Secretary of State must check whether the person is a disqualified person.

(2)If the Secretary of State determines that the person is a disqualified person, the Secretary of State may apply under section 40D for a freezing order in respect of one or more of the accounts held with the bank or building society that are operated by or for the disqualified person.

(3)If the Secretary of State decides not to apply for a freezing order under subsection (2), or decides to apply for a freezing order in respect of one or more but not all of the accounts held with the bank or building society that are operated by or for the disqualified person, the Secretary of State must notify the bank or building society that it is subject to the duty in section 40G(2) in relation to the disqualified person.

(4)A notification made under subsection (3) must contain the prescribed information and be made in the prescribed form and manner.

(5)In subsection (4) “prescribed” means prescribed in regulations made by the Treasury.

(6)If the Secretary of State determines that the person is not a disqualified person, the Secretary of State must notify the bank or building society accordingly.

Annotations:

Amendments (Textual)

F10Ss. 40A-40H inserted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 2; S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)

40DFreezing ordersE+W+S+N.I.

(1)On an application by the Secretary of State under section 40C(2), the court may make a freezing order in respect of any account specified in the application.

(2)A freezing order in respect of an account is an order that prohibits each person and body by or for whom the account is operated from making withdrawals or payments from the account.

(3)A freezing order may be made subject to exceptions.

(4)An exception may (in particular)—

(a)make provision for the disqualified person to meet his or her reasonable living expenses and reasonable legal expenses;

(b)allow another person or body by or for whom the account is operated to make withdrawals or payments from the account.

(5)An application for a freezing order may be made without notice.

(6)The court may vary or discharge a freezing order made in respect of an account (whether made under this section or on an appeal under section 40E) on an application made by—

(a)the Secretary of State, or

(b)a person or body by or for whom the account is operated.

(7)If the Secretary of State applies for a freezing order in respect of an account and the order is not made, or the order is made but subsequently discharged, the Secretary of State must notify the bank or building society that it is subject to the duty in section 40G(2) in relation to the disqualified person.

(8)A notification made under subsection (7) must contain the information and be in the form and manner prescribed in regulations made under subsection (4) of section 40C for the purposes of subsection (3) of that section.

(9)In this section—

Annotations:

Amendments (Textual)

F10Ss. 40A-40H inserted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 2; S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)

40EFreezing orders: appealsE+W+S+N.I.

(1)An appeal may be made to the relevant appeal court against a decision of a court under section 40D.

(2)The right of appeal under subsection (1) is exercisable by—

(a)the Secretary of State, and

(b)if the decision relates to a freezing order that is in force in respect of an account, a person or body by or for whom the account is operated.

(3)On an appeal under this section the relevant appeal court may make—

(a)whatever orders are necessary to give effect to its determination of the appeal;

(b)whatever incidental or consequential orders appear to it to be just.

(4)In this section “the relevant appeal court” means—

(a)the Crown Court, where the decision appealed against is a decision of a magistrates' court;

(b)the Sheriff Appeal Court, where the decision appealed against is a decision of the sheriff;

(c)a county court, where the decision appealed against is a decision of a court of summary jurisdiction.

Annotations:

Amendments (Textual)

F10Ss. 40A-40H inserted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 2; S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)

40FFreezing orders: code of practiceE+W+S+N.I.

(1)The Secretary of State must issue a code of practice—

(a)specifying the factors that the Secretary of State will consider when deciding whether to apply for a freezing order under section 40C(2),

(b)outlining the arrangements for keeping a freezing order under review for the purpose of deciding whether to apply under section 40D(6) for its variation or discharge, and

(c)specifying the factors that the Secretary of State will consider when deciding whether to make such an application.

(2)The Secretary of State must from time to time review the code and may revise and re-issue it following a review.

(3)The code (or revised code)—

(a)may not be issued unless a draft has been laid before Parliament, and

(b)comes into force in accordance with provision contained in regulations made by the Secretary of State.

Annotations:

Amendments (Textual)

F10Ss. 40A-40H inserted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 2; S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)

40GClosure of accounts not subject to freezing orderE+W+S+N.I.

(1)This section applies where—

(a)a bank or building society makes a notification under section 40B(2) in relation to a person,

(b)the person is determined by the Secretary of State (following a check under section 40C(1)) to be a disqualified person, and

(c)the bank or building society receives a notification under section 40C(3) or 40D(7) in relation to the disqualified person.

(2)Where this section applies the bank or building society must as soon as reasonably practicable close each account held with it that—

(a)in the case of a notification under section 40C(3), is operated by or for the disqualified person and is not the subject of an application for a freezing order;

(b)in the case of a notification under section 40D(7), is operated by or for the disqualified person and in respect of which a freezing order is not in force.

(3)The bank or building society may delay closing an account which it would otherwise be required to close under subsection (2) if at the time at which it would otherwise be required to close it—

(a)the account is overdrawn, or

(b)where the account is operated by or for the disqualified person and one or more bodies or other persons, the bank or building society considers that closing the account would significantly adversely affect the interests of any of those other bodies or persons.

(4)Where subsection (3) applies, closure of the account may be delayed for such period as is reasonable (but not indefinitely).

(5)If an account falling within subsection (2) is operated by or for the disqualified person and one or more bodies or other persons, the bank or building society is to be treated as having complied with that subsection in relation to that account if, as soon as reasonably practicable, it takes all such steps as are necessary to prevent the account from being operated by or for the disqualified person (instead of closing the account).

(6)Where the bank or building society closes an account in compliance with this section, it must tell each person or body by or for whom the account is operated, if it may lawfully do so, why it has closed the account.

(7)Where the bank or building society prevents an account from being operated by or for the disqualified person by virtue of subsection (5), it must tell each person or body by or for whom the account is operated, if it may lawfully do so, why it has prevented the account from being operated by or for the disqualified person.

(8)The bank or building society must provide the Secretary of State with information about the steps that it has taken to comply with this section.

(9)Information provided under subsection (8) must be provided in the prescribed form and manner and at the prescribed times or with the prescribed frequency.

(10)In subsection (9) “prescribed” means prescribed in regulations made by the Treasury.

Annotations:

Amendments (Textual)

F10Ss. 40A-40H inserted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 2; S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)

40HSections 40A to 40G: interpretationE+W+S+N.I.

(1)This section applies for the purposes of sections 40A to 40G.

(2)Account” includes a financial product by means of which a payment may be made.

(3)Freezing order” has the meaning given by section 40D(2).

(4)Disqualified person” has the meaning given by section 40A(3).

(5)References to an account being operated by or for a person or body are to be read in accordance with section 40A(5).]

Annotations:

Amendments (Textual)

F10Ss. 40A-40H inserted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 2; S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)

41Regulation by Financial Conduct AuthorityE+W+S+N.I.

(1)The Treasury may make regulations to enable the Financial Conduct Authority to make arrangements for monitoring and enforcing compliance with the prohibition imposed on banks and building societies by section 40 [F11and the requirements imposed on them by sections 40A, 40B and 40G] .

(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 when carrying out status checks under section 40 [F12or immigration checks under section 40A] ;

(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)provisions 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 disciplinary 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.

Annotations:

Amendments (Textual)

F11Words in s. 41(1) inserted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 3(2); S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)

F12Words in s. 41(2)(a) inserted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 3(3); S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)

Commencement Information

I55S. 41 in force at 14.7.2014 by S.I. 2014/1820, art. 2(a)

42“Bank” and “building society”E+W+S+N.I.

(1)In sections 40 [F13to 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).

(2)In 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 result 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)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)a 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)In sections 40 [F14to 41] , and in subsection (4), “building society” means a building society incorporated (or deemed to be incorporated) under the Building Societies Act 1986.

Annotations:

Amendments (Textual)

F13Words in s. 42(1) substituted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 4; S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)

F14Words in s. 42(5) substituted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 4; S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)

Commencement Information

I56S. 42 in force at 14.7.2014 by S.I. 2014/1820, art. 2(b)

43Power to amendE+W+S+N.I.

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

(a)to 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) [F15or the requirement in section 40A(1)] applies;

(c)to include provision defining a category of account specified in [F16section 40 or 40A] ;

(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 matter 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.

Annotations:

Amendments (Textual)

F15Words in s. 43(1)(b) inserted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 5(2); S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)

F16Words in s. 43(1)(c) substituted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 5(3); S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)

Commencement Information

I57S. 43 in force at 14.7.2014 by S.I. 2014/1820, art. 2(c)

WorkE+W+S+N.I.

44Appeals against penalty noticesE+W+S+N.I.

In 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 penalty 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)has 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 is 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 given.

(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.

Annotations:

Commencement Information

I58S. 44 in force at 28.7.2014 by S.I. 2014/1820, art. 3(p) (with art. 5)

45Recovery of sums payable under penalty noticesE+W+S+N.I.

In 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 under 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 under 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 Article 116 of the Judgments Enforcement (Northern Ireland) Order 1981 (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.

Annotations:

Commencement Information

I59S. 45 in force at 28.7.2014 by S.I. 2014/1820, art. 3(q) (with art. 6)

Driving licencesE+W+S+N.I.

46Grant of driving licences: residence requirementE+W+S+N.I.

(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—

97AResidence 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 applicant 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)in 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 97(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 resident 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. 1981/154 (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—

13AResidence requirement

(1)For the purposes of an application under Article 13, 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 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)has 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 applicant 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 lawfully 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)For 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.

Annotations:

Commencement Information

I60S. 46 in force at 14.7.2014 by S.I. 2014/1820, art. 2(d)

47Revocation of driving licences on grounds of immigration statusE+W+S+N.I.

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

(a)after 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 counterpart 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)in 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 (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 licence 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 leave to enter or remain in the United Kingdom.

(3)In Article 15 of the Road Traffic (Northern Ireland) Order 1981 (S.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 lawfully 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)For 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)in 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 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 Department served notice under Article 15(5ZA), been granted leave to enter or remain in the United Kingdom.

Annotations:

Commencement Information

I61S. 47 in force at 14.7.2014 by S.I. 2014/1820, art. 2(e)

PART 4 E+W+S+N.I.Marriage and civil partnership

CHAPTER 1E+W+S+N.I.Referral and investigation of proposed marriages and civil partnerships

InvestigationE+W+S+N.I.

48Decision whether to investigateE+W+S+N.I.

(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 Secretary of State under section 12A of the Civil Partnership Act 2004.

[F17(1A)This section also applies if—

(a)a registrar refers a proposed marriage to the Secretary of State under Article 3E of the Marriage (Northern Ireland) Order 2003, or

(b)a registrar refers a proposed civil partnership to the Secretary of State under section 139E of the Civil Partnership Act 2004.]

[F18(1B)This section also applies if—

(a)a district registrar refers a proposed marriage to the Secretary of State under section 3F of the Marriage (Scotland) Act 1977, or

(b)a district registrar refers a proposed civil partnership to the Secretary of State under section 88F of the Civil Partnership Act 2004.]

(2)The Secretary of State must decide whether to investigate whether the proposed marriage or civil partnership is a sham.

(3)The Secretary of State may not decide to conduct such an investigation unless conditions A and B are met.

(4)Condition A is met if the Secretary of State is satisfied that—

(a)only one of the parties to the proposed marriage or civil partnership is an exempt person, or

(b)neither of the parties are exempt persons.

(5)Condition B is met if the Secretary of State has reasonable grounds for suspecting that the proposed marriage or civil partnership is a sham.

(6)In making the decision whether to investigate, regard must be had to any guidance published by the Secretary of State for this purpose.

(7)In the case of a proposed marriage [F19referred to the Secretary of State as mentioned in subsection (1)(a)] , the Secretary of State must give notice of the decision made under this section to—

(a)both of the parties to the proposed marriage, and

(b)the superintendent registrar who referred the proposed marriage to the Secretary of State.

(8)In the case of a proposed civil partnership [F20referred to the Secretary of State as mentioned in subsection (1)(b)] , the Secretary of State must give notice of the decision made under this section to—

(a)both of the parties to the proposed civil partnership,

(b)the registration authority who referred the proposed civil partnership to the Secretary of State, and

(c)if different, the registration authority responsible for issuing the civil partnership schedule under section 14(1) of the Civil Partnership Act 2004 in relation to the proposed civil partnership.

[F21(8A)In the case of a proposed marriage referred to the Secretary of State as mentioned in subsection (1A)(a), the Secretary of State must give notice of the decision made under this section to—

(a)both of the parties to the proposed marriage, and

(b)the registrar who referred the proposed marriage to the Secretary of State.

(8B)In the case of a proposed civil partnership referred to the Secretary of State as mentioned in subsection (1A)(b), the Secretary of State must give notice of the decision made under this section to—

(a)both of the parties to the proposed civil partnership, and

(b)the registrar who referred the proposed civil partnership to the Secretary of State.]

[F22(8C)In the case of a proposed marriage referred to the Secretary of State as mentioned in subsection (1B)(a), the Secretary of State must give notice of the decision made under this section to—

(a)both of the parties to the proposed marriage, and

(b)the district registrar who referred the proposed marriage to the Secretary of State.

(8D)In the case of a proposed civil partnership referred to the Secretary of State as mentioned in subsection (1B)(b), the Secretary of State must give the notice of the decision made under this section to—

(a)both of the parties to the proposed civil partnership, and

(b)the district registrar who referred the proposed civil partnership to the Secretary of State.]

(9)The Secretary of State must make the decision, and give the notice, required by this section within the relevant statutory period.

49Exempt personsE+W+S+N.I.

(1)A person who is a party to a proposed marriage or civil partnership is an exempt person if the person—

(a)is a relevant national;

(b)has the appropriate immigration status; or

(c)holds a relevant visa in respect of the proposed marriage or civil partnership.

(2)A person has the appropriate immigration status if the person—

(a)has a right of permanent residence in the United Kingdom by virtue of an enforceable EU right or of any provision made under section 2(2) of the European Communities Act 1972;

(b)is exempt from immigration control; or

(c)is settled in the United Kingdom (within the meaning of the Immigration Act 1971 — see section 33(2A) of that Act).

(3)The question of whether a person is exempt from immigration control is to be determined in accordance with regulations made for this purpose by the Secretary of State.

(4)A person holds a relevant visa if the person holds a visa or other authorisation that is of a kind specified for this purpose in regulations made by the Secretary of State.

(5)The Secretary of State may not specify a visa or other authorisation under subsection (4) unless the Secretary of State considers that the purpose of issuing that kind of visa or authorisation is, or includes, enabling a person to enter or remain in the United Kingdom to marry or form a civil partnership.

Annotations:

Modifications etc. (not altering text)

Commencement Information

I63S. 49 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(a)

I64S. 49 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, art. 2(1)(b)

50Conduct of investigationE+W+S+N.I.

(1)An investigation must be conducted in accordance with any regulations made by the Secretary of State for this purpose.

(2)In conducting an investigation, regard must also be had to any guidance published by the Secretary of State for this purpose.

(3)A relevant party must comply with a requirement specified in regulations made under section 51(4) if—

(a)the section 48 notice given to the relevant party states that he or she must do so, or

(b)the Secretary of State subsequently notifies the relevant party (orally or in writing) that he or she must do so;

and the relevant party must comply with that requirement in the manner stated in the section 48 notice or in the Secretary of State's notification (if such a manner is stated there).

(4)As part of an investigation, the Secretary of State must decide whether or not each of the relevant parties has complied with the investigation (the “compliance question”).

(5)The compliance question must be decided in accordance with any regulations made by the Secretary of State for this purpose.

(6)In deciding the compliance question, regard must also be had to any guidance published by the Secretary of State for this purpose.

(7)Within the 70 day period, the Secretary of State must—

(a)decide the compliance question; and

(b)give notice of that decision to the persons to whom the Secretary of State gave the section 48 notice relating to the proposed marriage or civil partnership.

(8)If the Secretary of State's decision is that one or both of the relevant parties have not complied with the investigation, the notice under subsection (7) must include a statement of the Secretary of State's reasons for reaching that decision.

(9)Regulations made under this section may, in particular, make provision about—

(a)the circumstances in which a relevant party is to be taken to have failed to comply with a relevant requirement;

(b)the consequences of a relevant party's failure to comply with a relevant requirement.

(10)The provision that may be made under subsection (9)(b) includes provision for the compliance question to be decided (in whole or in part) by reference to a relevant party's compliance or non-compliance with one or more relevant requirements.

(11)In this section—

51Investigations: supplementaryE+W+S+N.I.

(1)A section 48 notice which states that the Secretary of State has decided to investigate whether a proposed marriage or civil partnership is a sham must include—

(a)notice that the compliance question must be decided within the period of 70 days mentioned in section 50(7);

(b)notice of the date on which that period will end;

(c)notice that a relevant party may be required to comply with one or more requirements imposed by the Secretary of State subsequently in accordance with section 50(3); and

(d)prescribed information about the investigation.

(2)The section 48 notice may also include such other information as the Secretary of State considers appropriate.

(3)For the purposes of subsection (1)(d) “prescribed information” means information prescribed by the Secretary of State by regulations; and the information that may be prescribed includes information about—

(a)the conduct of the investigation;

(b)requirements with which the relevant parties must comply in relation to the investigation;

(c)the consequence of a failure to comply with those or any other requirements;

(d)the possible outcomes of the investigation;

(e)the consequences of those outcomes.

(4)The Secretary of State may, by regulations, specify requirements relating to the conduct of investigations which may be imposed on a relevant party by the section 48 notice or by the Secretary of State subsequently in accordance with section 50(3).

(5)Regulations made under subsection (4) may, in particular, specify any of the following requirements—

(a)a requirement to make contact with a particular person or description of persons in a particular way (including by telephoning a particular number) within a particular time period;

(b)a requirement to be present at a particular place at a particular time;

(c)a requirement to be visited at home;

(d)a requirement to be interviewed;

(e)a requirement to provide information (whether orally or in writing);

(f)a requirement to provide photographs;

(g)a requirement to provide evidence.

(6)The provisions of this Part, and any investigation or other steps taken under those provisions (including the decision of the compliance question), do not limit the powers of the Secretary of State in relation to marriages or civil partnerships that are, or are suspected to be, a sham (including any powers to investigate such marriages or civil partnerships).

(7)In this section “investigation”, “relevant party” and “compliance question” have the same meanings as in section 50.

Annotations:

Commencement Information

I67S. 51 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(c)

I68S. 51 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, art. 2(1)(d)

ReferralE+W+S+N.I.

52Referral of proposed marriages and civil partnerships in England and WalesE+W+S+N.I.

Schedule 4 (referral of proposed marriages and civil partnerships in England and Wales) has effect.

Annotations:

Commencement Information

I69S. 52 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(d)

I70S. 52 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, art. 2(1)(e)

Scotland and Northern IrelandE+W+S+N.I.

53Extension of scheme to Scotland and Northern IrelandE+W+S+N.I.

(1)The Secretary of State may, by order, make such provision as the Secretary of State considers appropriate for extending the referral and investigation scheme to any of the following—

(a)proposed marriages under the law of Scotland;

(b)proposed civil partnerships under the law of Scotland;

(c)proposed marriages under the law of Northern Ireland;

(d)proposed civil partnerships under the law of Northern Ireland.

(2)An order under this section may—

(a)make provision having a similar effect to the provision made by section 58, Schedule 4, or Parts 1, 2 and 4 of Schedule 6;

(b)confer functions on any person;

(c)amend, repeal or revoke any enactment (including an enactment contained in this Act).

(3)The power under subsection (2)(b) to confer functions includes power to impose a duty of referral on persons exercising functions in Scotland or Northern Ireland in relation to marriage or civil partnership.

(4)But an order under this section may not impose that or any other duty, or otherwise confer functions, on—

(a)the Scottish Ministers,

(b)the First Minister and deputy First Minister in Northern Ireland,

(c)a Northern Ireland Minister, or

(d)a Northern Ireland department.

(5)In this section—

Annotations:

Commencement Information

I71S. 53 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(f)

I72S. 53 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, art. 2(1)(g)

54Supplementary provisionE+W+S+N.I.

(1)This section applies if the referral and investigation scheme is extended by an order under section 53 (an “extension order”).

(2)The Secretary of State may make administrative regulations in connection with the application of the scheme—

(a)to proposed marriages or civil partnerships under the law of Scotland (insofar as the scheme is extended to them), and

(b)to proposed marriages or civil partnerships under the law of Northern Ireland (insofar as the scheme is extended to them).

(3)For that purpose “administrative regulations” means regulations of any kind set out in Schedule 5 (sham marriage and civil partnership: administrative regulations).

(4)The Secretary of State may by order make provision about—

(a)the information that must or may be given, or

(b)the matters in respect of which evidence must or may be given,

in relation to proposed marriages or civil partnerships under the law of Scotland or Northern Ireland in cases where one or both of the parties is not a relevant national.

(5)An order under subsection (4) may amend, repeal or revoke any enactment (including an enactment contained in this Act or in provision made by an extension order or an order under subsection (4)).

(6)If an extension order makes provision (“information disclosure provision”) having similar effect to the provision made by paragraph 2 of Schedule 6 about the disclosure of information for immigration purposes, the Secretary of State may by order specify other immigration purposes (in addition to those specified in provision made by an extension order or in any provision made under this subsection) for which information may be disclosed under the information disclosure provision.

(7)The Secretary of State must consult—

(a)the Registrar General for Scotland before making administrative regulations, or an order under subsection (4), in relation to proposed marriages or civil partnerships under the law of Scotland;

(b)the Registrar General for Northern Ireland before making administrative regulations, or an order under subsection (4), in relation to proposed marriages or civil partnerships under the law of Northern Ireland.

(8)Expressions used in this section or Schedule 5 that are also used in section 53 have the same meanings in this section or Schedule 5 as in section 53.

Annotations:

Commencement Information

I73S. 54 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(g)

I74S. 54(1)(8) in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, art. 2(1)(h)

CHAPTER 2E+W+S+N.I.Sham marriage and civil partnership

55Meaning of “sham marriage” and “sham civil partnership”E+W+S+N.I.

(1)The Immigration and Asylum Act 1999 is amended in accordance with this section.

(2)In section 24 (duty to report suspicious marriages), for subsection (5) substitute—

(5)A marriage (whether or not it is void) is a “sham marriage” if—

(a)either, or both, of the parties to the marriage is not a relevant national,

(b)there is no genuine relationship between the parties to the marriage, and

(c)either, or both, of the parties to the marriage enter into the marriage for one or more of these purposes—

(i)avoiding the effect of one or more provisions of United Kingdom immigration law or the immigration rules;

(ii)enabling a party to the marriage to obtain a right conferred by that law or those rules to reside in the United Kingdom.

(6)In subsection (5)—

(3)In section 24A (duty to report suspicious civil partnerships), for subsection (5) substitute—

(5)A civil partnership (whether or not it is void) is a “sham civil partnership” if—

(a)either, or both, of the parties to the civil partnership is not a relevant national,

(b)there is no genuine relationship between the parties to the civil partnership, and

(c)either, or both, of the parties to the civil partnership enter into the civil partnership for one or more of these purposes—

(i)avoiding the effect of one or more provisions of United Kingdom immigration law or the immigration rules;

(ii)enabling a party to the civil partnership to obtain a right conferred by that law or those rules to reside in the United Kingdom.

(5A)In subsection (5)—

Annotations:

Commencement Information

I75S. 55 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(i)

56Duty to report suspicious marriages and civil partnershipsE+W+S+N.I.

(1)The Immigration and Asylum Act 1999 is amended in accordance with this section.

(2)In section 24 (duty to report suspicious marriages), in subsection (1)—

(a)after paragraph (a) insert—

(aa)a superintendent registrar, or registrar of births, deaths and marriages, who receives information in advance of a person giving such a notice,;

(b)at the end of paragraph (c), omit “or”;

(c)after paragraph (c) insert—

(ca)a district registrar who receives information in advance of a person submitting such a notice or certificate,;

(d)after paragraph (d) insert or

(da)a registrar or deputy registrar who receives information in advance of a person giving such a notice,.

(3)In section 24A (duty to report suspicious civil partnerships), in subsection (1)—

(a)after paragraph (a) insert—

(aa)a registration authority that receives information in advance of a person giving such a notice,;

(b)at the end of paragraph (c), omit “or”;

(c)after paragraph (c) insert—

(ca)a district registrar who receives information in advance of a person giving such a notice,;

(d)after paragraph (d) insert or

(da)a registrar who receives information in advance of a person giving such a notice,.

CHAPTER 3E+W+S+N.I.Other provisions

Persons not relevant nationals etc: marriage on superintendent registrar's certificatesE+W+S+N.I.

57Solemnization of marriage according to rites of Church of EnglandE+W+S+N.I.

(1)The Marriage Act 1949 is amended in accordance with this section.

(2)In section 5 (methods of authorising marriages)—

(a)at the beginning insert—

(1);

(b)in the words after paragraph (d), for “except that paragraph (a)” substitute—

(2)Subsection (1)(a);

(c)at the end insert—

(3)In a case where one or both of the persons whose marriage is to be solemnized is not a relevant national—

(a)subsection (1)(a) shall not apply unless the banns are published in accordance with section 14 (whether or not the banns are also published otherwise);

(b)subsection (1)(c) shall not apply..

(3)In section 8 (notice to clergy before publication of banns)—

(a)at the beginning insert—

(1);

(b)for “delivered to him a notice” substitute delivered to him—

(a)a notice;

(c)at the end insert , and

(b)specified evidence that both of the persons are relevant nationals.

(2)In this section “specified evidence” means evidence that is in accordance with regulations made under section 28G..

(4)In section 16 (provisions as to common licences), before subsection (2) insert—

(1C)A common licence shall not be granted unless the persons to be married deliver to the person granting the licence specified evidence that both of the persons are relevant nationals.

(1D)For that purpose “specified evidence” means evidence that is in accordance with regulations made under section 28G..

Annotations:

Commencement Information

I76S. 57 in force at 2.3.2015 by S.I. 2015/371, art. 2(2) (with art. 5)

58Requirement as to giving of notice of marriage or civil partnershipE+W+S+N.I.

(1)Section 19 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (procedure for marriage in England and Wales) is amended in accordance with subsections (2) and (3).

(2)For subsection (1) substitute—

(1)This section applies to a marriage that is to be solemnised on the authority of certificates issued by a superintendent registrar under Part 3 of the Marriage Act 1949 (the “1949 Act”) unless each party to the marriage falls within exception A or exception B.

(1A)A party to the marriage falls within exception A if the person is a relevant national.

(1B)A party to the marriage falls within exception B if—

(a)the person is exempt from immigration control, and

(b)the notice of marriage is accompanied by the specified evidence required by section 28C(2) of the 1949 Act that the person is exempt from immigration control..

(3)For subsection (4) substitute—

(4)In this section—

(a)a reference to a person being a relevant national, or being exempt from immigration control, has the same meaning as in section 49 of the Immigration Act 2014;

(b)notice of marriage” means a notice of marriage given under section 27 of the 1949 Act..

(4)Schedule 23 to the Civil Partnership Act 2004 (immigration control and formation of civil partnerships) is amended in accordance with subsections (5) to (9).

(5)Before paragraph 1 insert—

A1(1)Part 2 of this Schedule applies to a civil partnership that is to be formed in England and Wales by signing a civil partnership schedule unless each party to the civil partnership falls within exception A or exception B.

(2)A party to the civil partnership falls within exception A if the person is a relevant national.

(3)A party to the civil partnership falls within exception B if—

(a)the person is exempt from immigration control, and

(b)the notice of civil partnership is accompanied by the specified evidence required by section 9A(2) that the person is exempt from immigration control.

(4)In this paragraph, a reference to a person being a relevant national, or being exempt from immigration control, has the same meaning as in section 49 of the Immigration Act 2014..

(6)For paragraph 1(1) substitute—

1(1A)Part 3 of this Schedule applies if—

(a)two people wish to register in Scotland as civil partners of each other, and

(b)one of them is subject to immigration control.

(1B)Part 4 of this Schedule applies if—

(a)two people wish to register in Northern Ireland as civil partners of each other, and

(b)one of them is subject to immigration control..

(7)For paragraph 3 substitute—

3This Part of this Schedule applies as mentioned in paragraph A1..

(8)For paragraph 8 substitute—

8This Part of this Schedule applies as mentioned in paragraph 1(1A)..

(9)For paragraph 12 substitute—

12This Part of this Schedule applies as mentioned in paragraph 1(1B)..

Annotations:

Commencement Information

I77S. 58 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(j) (with art. 6)

InformationE+W

59InformationE+W

Schedule 6 (information) has effect.

MiscellaneousE+W+S+N.I.

60Regulations about evidenceE+W+S+N.I.

(1)The Secretary of State may make regulations about evidence relevant to the determination of any of the following questions for a purpose of this Part—

(a)whether a person is a relevant national;

(b)whether a person has the appropriate immigration status;

(c)whether a person has a relevant visa.

(2)The regulations may, in particular, make provision about—

(a)the 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)the 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)the retention or copying of evidence supplied.

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

(4)In this section “evidence” includes a photograph or other image.

Annotations:

Commencement Information

I78S. 60 in force at 20.10.2014 by S.I. 2014/2771, art. 3(i)

61NoticesE+W+S+N.I.

(1)The Secretary of State may, by regulations, make provision about the giving of—

(a)notices under any provision of this Part;

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

Annotations:

Commencement Information

I79S. 61 in force at 20.10.2014 by S.I. 2014/2771, art. 3(j)

62Interpretation of this PartE+W+S+N.I.

(1)These expressions have the meanings given—

(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)A 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)the appropriate immigration status;

(b)a relevant visa.

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

Annotations:

Amendments (Textual)

PART 5 E+W+S+N.I.Oversight

Office of the Immigration Services CommissionerE+W+S+N.I.

63Immigration advisers and immigration service providersE+W+S+N.I.

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

Annotations:

Commencement Information

I80S. 63 in force at 28.7.2014 for specified purposes by S.I. 2014/1820, art. 3(r)

I81S. 63 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 4(c)

I82S. 63 in force at 17.11.2014 for specified purposes by S.I. 2014/2771, art. 5(a)

Police Ombudsman for Northern IrelandE+W+S+N.I.

64Police Ombudsman for Northern IrelandE+W+S+N.I.

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

60ZBImmigration and customs enforcement functions

(1)The Ombudsman and the Secretary of State may enter into an agreement 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 of 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 exercising 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 functions (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)powers 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)powers 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)Immigration officer” means a person appointed under paragraph 1(1) of Schedule 2 to the Immigration Act 1971.

60ZCSection 60ZB: supplementary

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

(a)by 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)An 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)partly 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)An 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.).

Annotations:

Commencement Information

I83S. 64 in force at 28.7.2014 by S.I. 2014/1820, art. 3(s)

PART 6 E+W+S+N.I.Miscellaneous

CitizenshipE+W+S+N.I.

65Persons unable to acquire citizenship: natural father not married to motherE+W+S+N.I.

After section 4D of the British Nationality Act 1981 insert—

4EThe general conditions

For the purposes of sections 4F to 4I, a person (“P”) meets the general conditions if—

(a)P was born before 1 July 2006;

(b)at the time of P's birth, P's mother—

(i)was not married, or

(ii)was married to a person other than P's natural father;

(c)no person is treated as the father of P under section 28 of the Human Fertilisation and Embryology Act 1990; and

(d)P has never been a British citizen.

4FPerson unable to be registered under other provisions of this Act

(1)A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—

(a)P meets the general conditions; and

(b)P would be entitled to be registered as a British citizen under—

(i)section 1(3),

(ii)section 3(2),

(iii)section 3(5),

(iv)paragraph 4 of Schedule 2, or

(v)paragraph 5 of Schedule 2,

had P's mother been married to P's natural father at the time of P's birth.

(2)In the following provisions of this section “relevant registration provision” means the provision under which P would be entitled to be registered as a British citizen (as mentioned in subsection (1)(b)).

(3)If the relevant registration provision is section 3(2), a person who is registered as a British citizen under this section is a British citizen by descent.

(4)If the relevant registration provision is section 3(5), the Secretary of State may, in the special circumstances of the particular case, waive the need for any or all of the parental consents to be given.

(5)For that purpose, the “parental consents” are—

(a)the consent of P's natural father, and

(b)the consent of P's mother,

insofar as they would be required by section 3(5)(c) (as read with section 3(6)(b)), had P's mother been married to P's natural father at the time of P's birth.

4GPerson unable to become citizen automatically after commencement

(1)A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—

(a)P meets the general conditions; and

(b)at any time in the period after commencement, P would have automatically become a British citizen at birth by the operation of any provision of this Act or the British Nationality (Falkland Islands) Act 1983, had P's mother been married to P's natural father at the time of P's birth.

(2)A person who is registered as a British citizen under this section is a British citizen by descent if the British citizenship which the person would have acquired at birth (as mentioned in subsection (1)(b)) would (by virtue of section 14) have been British citizenship by descent.

(3)If P is under the age of 18, no application may be made unless the consent of P's natural father and mother to the registration has been signified in the prescribed manner.

(4)But if P's natural father or mother has died on or before the date of the application, the reference in subsection (3) to P's natural father and mother is to be read as a reference to either of them.

(5)The Secretary of State may, in the special circumstances of a particular case, waive the need for any or all of the consents required by subsection (3) (as read with subsection (4)) to be given.

(6)The reference in this section to the period after commencement does not include the time of commencement (and, accordingly, this section does not apply to any case in which a person was unable to become a British citizen at commencement).

4HCitizen of UK and colonies unable to become citizen at commencement

(1)A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—

(a)P meets the general conditions;

(b)P was a citizen of the United Kingdom and Colonies immediately before commencement; and

(c)P would have automatically become a British citizen at commencement, by the operation of any provision of this Act, had P's mother been married to P's natural father at the time of P's birth.

(2)A person who is registered as a British citizen under this section is a British citizen by descent if the British citizenship which the person would have acquired at commencement (as mentioned in subsection (1)(c)) would (by virtue of section 14) have been British citizenship by descent.

4IOther person unable to become citizen at commencement

(1)A person (“P”) is entitled to be registered as a British citizen on an application made under this section if—

(a)P meets the general conditions;

(b)P is either—

(i)an eligible former British national, or

(ii)an eligible non-British national; and

(c)had P's mother been married to P's natural father at the time of P's birth, P—

(i)would have been a citizen of the United Kingdom and Colonies immediately before commencement, and

(ii)would have automatically become a British citizen at commencement by the operation of any provision of this Act.

(2)P is an “eligible former British national” if P was not a citizen of the United Kingdom and Colonies immediately before commencement and either—

(a)P ceased to be a British subject or a citizen of the United Kingdom and Colonies by virtue of the commencement of any independence legislation, but would not have done so had P's mother been married to P's natural father at the time of P's birth, or

(b)P was a British subject who did not automatically become a citizen of the United Kingdom and Colonies at commencement of the British Nationality Act 1948 by the operation of any provision of it, but would have done so had P's mother been married to P's natural father at the time of P's birth.

(3)P is an “eligible non-British national” if—

(a)P was never a British subject or citizen of the United Kingdom and Colonies; and

(b)had P's mother been married to P's natural father at the time of P's birth, P would have automatically become a British subject or citizen of the United Kingdom and Colonies—

(i)at birth, or

(ii)by virtue of paragraph 3 of Schedule 3 to the British Nationality Act 1948 (child of male British subject to become citizen of the United Kingdom and Colonies if the father becomes such a citizen).

(4)A person who is registered as a British citizen under this section is a British citizen by descent if the British citizenship which the person would have acquired at commencement (as mentioned in subsection (1)(c)(ii)) would (by virtue of section 14) have been British citizenship by descent.

(5)In determining for the purposes of subsection (1)(c)(i) whether P would have been a citizen of the United Kingdom and Colonies immediately before commencement, it must be assumed that P would not have—

(a)renounced or been deprived of any notional British nationality, or

(b)lost any notional British nationality by virtue of P acquiring the nationality of a country or territory outside the United Kingdom.

(6)A “notional British nationality” is—

(a)in a case where P is an eligible former British national, any status as a British subject or a citizen of the United Kingdom and Colonies which P would have held at any time after P's nationality loss (had that loss not occurred and had P's mother had been married to P's natural father at the time of P's birth);

(b)in a case where P is an eligible non-British national—

(i)P's status as a British subject or citizen of the United Kingdom and Colonies mentioned in subsection (3)(b), and

(ii)any other status as a British subject or citizen of the United Kingdom and Colonies which P would have held at any time afterwards (had P's mother been married to P's natural father at the time of P's birth).

(7)In this section—

4JSections 4E to 4I: supplementary provision

(1)In sections 4E to 4I and this section, a person's “natural father” is a person who satisfies the requirements as to proof of paternity that are prescribed in regulations under section 50(9B).

(2)The power under section 50(9B) to make different provision for different circumstances includes power to make provision for the purposes of any provision of sections 4E to 4I which is different from other provision made under section 50(9B).

(3)The following provisions apply for the purposes of sections 4E to 4I.

(4)A reference to a person automatically becoming a British citizen, or a citizen of the United Kingdom and Colonies, is a reference to the person becoming such a citizen without the need for—

(a)the person to be registered as such a citizen by the Secretary of State or any other minister of the Crown;

(b)the birth of the person to be registered by a diplomatic or consular representative of the United Kingdom; or

(c)the person to be naturalised as such a citizen.

(5)If the mother of a person could not actually have been married to the person's natural father at the time of the person's birth (for whatever reason), that fact does not prevent an assumption being made that the couple were married at the time of the birth.

Annotations:

Commencement Information

I84S. 65 in force at 6.4.2015 by S.I. 2015/371, art. 4(b)

66Deprivation if conduct seriously prejudicial to vital interests of the UKE+W+S+N.I.

(1)In section 40 of the British Nationality Act 1981 (deprivation of citizenship), after subsection (4) insert—

(4A)But that does not prevent the Secretary of State from making an order under subsection (2) to deprive a person of a citizenship status if—

(a)the citizenship status results from the person's naturalisation,

(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 British overseas territory, and

(c)the Secretary of State has reasonable grounds for believing that the person is able, under the law of a country or territory outside the United Kingdom, to become a national of such a country or territory.

(2)In deciding whether to make an order under subsection (2) of section 40 of the British Nationality Act 1981 in a case which falls within subsection (4A) of that Act, the Secretary of State may take account of the manner in which a person conducted him or herself before this section came into force.

(3)After section 40A of the British Nationality Act 1981 insert—

40BReview of power under section 40(4A)

(1)The Secretary of State must arrange for a review of the operation of the relevant deprivation power to be carried out in relation to each of the following periods—

(a)the initial one year period;

(b)each subsequent three year period.

(2)The “relevant deprivation power” is the power to make orders under section 40(2) to deprive persons of a citizenship status in the circumstances set out in section 40(4A).

(3)A review must be completed as soon as practicable after the end of the period to which the review relates.

(4)As soon as practicable after a person has carried out a review in relation to a particular period, the person must—

(a)produce a report of the outcome of the review, and

(b)send a copy of the report to the Secretary of State.

(5)The Secretary of State must lay before each House of Parliament a copy of each report sent under subsection (4)(b).

(6)The Secretary of State may, after consultation with the person who produced the report, exclude a part of the report from the copy laid before Parliament if the Secretary of State is of the opinion that it would be contrary to the public interest or prejudicial to national security for that part of the report to be made public.

(7)The Secretary of State may—

(a)make such payments as the Secretary of State thinks appropriate in connection with the carrying out of a review, and

(b)make such other arrangements as the Secretary of State thinks appropriate in connection with the carrying out of a review (including arrangements for the provision of staff, other resources and facilities).

(8)In this section—

Annotations:

Commencement Information

I85S. 66 in force at 28.7.2014 by S.I. 2014/1820, art. 3(t)

Embarkation checksE+W+S+N.I.

67Embarkation checksE+W+S+N.I.

Schedule 8 (embarkation checks) has effect.

Annotations:

Modifications etc. (not altering text)

C15S. 67 extended (with modifications) to Jersey (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Jersey) Order 2015 (S.I. 2015/1532), arts. 1(1), 2(2)(3), Sch. 2 (with art. 2(3))

C16S. 67 extended (with modifications) to Guernsey (coming into force in accordance with art. 1 of the amending S.I.) by The Immigration (Guernsey) Order 2015 (S.I. 2015/1533), arts. 1, 5, Sch. 2 (with art. 6)

Commencement Information

I86S. 67 in force at 28.7.2014 by S.I. 2014/1820, art. 3(u)

FeesE+W+S+N.I.

68FeesE+W+S+N.I.

(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 the 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 function 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)an 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)must 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 regulations (“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)An 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)be 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)the 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)the 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)In 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)the 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 may be amended or revoked by fees regulations).

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

(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)at 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 exercise of a function.

Annotations:

Modifications etc. (not altering text)

C17S. 68 extended (with modifications) to the Isle of Man by S.I. 2008/680, art. 22, Sch. 9A (as inserted (9.10.2015 for specified purposes and 6.4.2016 in so far as not already in force) by The Immigration (Isle of Man) (Amendment) Order 2015 (S.I. 2015/1765), arts. 1(2), 5, 7)

C18Ss. 68-70 extended (with modifications) to Jersey (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Jersey) Order 2016 (S.I. 2016/994), arts. 1(1), 3, Sch.

C19Ss. 68-70 extended (with modifications) to Guernsey (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2016 (S.I. 2016/996), arts. 1(1), 4, Sch.

Commencement Information

I87S. 68 in force at 15.12.2014 by S.I. 2014/2771, art. 8(a)

69Fees orders and fees regulations: supplementalE+W+S+N.I.

(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 Kingdom.

(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)be 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)any other power to charge a fee.

Annotations:

Modifications etc. (not altering text)

C18Ss. 68-70 extended (with modifications) to Jersey (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Jersey) Order 2016 (S.I. 2016/994), arts. 1(1), 3, Sch.

C19Ss. 68-70 extended (with modifications) to Guernsey (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2016 (S.I. 2016/996), arts. 1(1), 4, Sch.

C20S. 69 extended (with modifications) to the Isle of Man by S.I. 2008/680, art. 22, Sch. 9A (as inserted (9.10.2015 for specified purposes and 6.4.2016 in so far as not already in force) by The Immigration (Isle of Man) (Amendment) Order 2015 (S.I. 2015/1765), arts. 1(2), 5, 7)

Commencement Information

I88S. 69 in force at 15.12.2014 by S.I. 2014/2771, art. 8(b)

70Power to charge fees for attendance services in particular casesE+W+S+N.I.

(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)in 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)any 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)Fees 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)section 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.

Annotations:

Modifications etc. (not altering text)

C18Ss. 68-70 extended (with modifications) to Jersey (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Jersey) Order 2016 (S.I. 2016/994), arts. 1(1), 3, Sch.

C19Ss. 68-70 extended (with modifications) to Guernsey (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2016 (S.I. 2016/996), arts. 1(1), 4, Sch.

C21S. 70 extended (with modifications) to the Isle of Man by S.I. 2008/680, art. 22, Sch. 9A (as inserted (9.10.2015 for specified purposes and 6.4.2016 in so far as not already in force) by The Immigration (Isle of Man) (Amendment) Order 2015 (S.I. 2015/1765), arts. 1(2), 5, 7)

Commencement Information

I89S. 70 in force at 28.7.2014 by S.I. 2014/1820, art. 3(v) (with art. 7)

[F3670AImmigration skills chargeE+W+S+N.I.

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

(a)persons who make immigration skills arrangements, or

(b)any description of such persons.

(2)“Immigration skills arrangements” are arrangements made by a person (“the sponsor”) with the Secretary of State with a view to securing that an individual who is not exempt for the purposes of this section is granted entry clearance or leave to remain in the United Kingdom to enable the individual to work for the sponsor in the United Kingdom.

(3)Regulations under this section may in particular—

(a)impose a separate charge on a sponsor in respect of each individual in relation to whom the sponsor makes immigration skills arrangements;

(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 Secretary of State;

(d)make provision about the consequences of a sponsor failing to pay a charge;

(e)provide for exemptions from a charge;

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

(4)Sums paid by virtue of regulations under this section must—

(a)be paid into the Consolidated Fund, or

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

(5)Regulations under this section may be made only with the consent of the Treasury.

(6)An individual is exempt for the purposes of this section if he or she is—

(a)a British citizen;

(b)a national of an EEA State other than the United Kingdom;

(c)a national of Switzerland;

(d)otherwise entitled to enter or remain in the United Kingdom by virtue of an enforceable EU right or of any provision made under section 2(2) of the European Communities Act 1972.

(7)In this section “entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971.]

Annotations:

Amendments (Textual)

F36S. 70A inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 85(2), 94(4)

Welfare of childrenE+W+S+N.I.

71Duty regarding the welfare of childrenE+W+S+N.I.

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).

Annotations:

Commencement Information

I90S. 71 in force at 28.7.2014 by S.I. 2014/1820, art. 3(w)

PART 7 E+W+S+N.I.Final provisions

72Financial provisionE+W+S+N.I.

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 State, and

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

73Transitional and consequential provisionE+W+S+N.I.

(1)The Secretary of State may, by order, make such transitional, transitory or saving 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 of 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)an 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)at the end of paragraph (i) insert , and

(j)the Immigration Act 2014..

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

Annotations:

Modifications etc. (not altering text)

C22S. 73(6) extended (with modifications) to Jersey (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Jersey) Order 2015 (S.I. 2015/1532), arts. 1(1), 2(2)(3), Sch. 2 (with art. 2(3))

C23S. 73(6) extended (with modifications) to Guernsey (coming into force in accordance with art. 1 of the amending S.I.) by The Immigration (Guernsey) Order 2015 (S.I. 2015/1533), arts. 1, 5, Sch. 2 (with art. 6)

Commencement Information

I91S. 73 partly in force; S. 73(1)-(5) in force at Royal Assent, see s.75(1)(3)

I92S. 73(6) in force at 14.7.2014 for specified purposes by S.I. 2014/1820, art. 2(f)

I93S. 73(6) in force at 28.7.2014 for specified purposes by S.I. 2014/1820, art. 3(x)

I94S. 73(6) in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 4(d)

I95S. 73(6) in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 2(d) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

I96S. 73(6) in force at 17.11.2014 for specified purposes by S.I. 2014/2771, art. 5(b)

I97S. 73(6) in force at 15.12.2014 for specified purposes by S.I. 2014/2771, art. 8(c)

I98S. 73(6) in force at 1.3.2015 for specified purposes by S.I. 2015/371, art. 2(1)(k)

I99S. 73(6) in force at 1.3.2015 for specified purposes by S.I. 2015/371, art. 3(a)

I100S. 73(6) in force at 6.4.2015 for specified purposes by S.I. 2015/874, art. 2(b)

74Orders and regulationsE+W+S+N.I.

(1)Any power of the Secretary of State or Treasury to make an order or regulations 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)an order under section 20(7), 23(6) or 25(5);

(b)an order under section 38;

[F37(ba)regulations under section 40A(4);

(bb)regulations under section 40B;]

(c)regulations under section 41;

(d)an order under section 43, or under a section amended by such an order;

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

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

(g)the first regulations under section 51(3);

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

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

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

[F38(ja)regulations under section 70A;]

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

(l)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)a 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.

(5)But subsection (4) does not apply to a statutory instrument containing an order under any of sections 35(3), 73(1) and 75(3) (subject to subsection (7)).

(6)Subsection (7) applies if an order under section 75(3) is made which—

(a)brings into force a provision of Chapter 1 of Part 3,

(b)brings that provision into force only in relation to a particular area or areas within England and Wales, Scotland or Northern Ireland, and

(c)is the first order to be made bringing into force a provision of that Chapter only in relation to an area or areas within England and Wales, Scotland or Northern Ireland.

(7)A statutory instrument containing any subsequent order under section 75(3) (after the order mentioned in subsection (6)) that brings into force a provision of Chapter 1 of Part 3 for anywhere other than the area or areas mentioned in paragraph (b) of that subsection is subject to annulment in pursuance of a resolution of either House of Parliament.

(8)An order or regulations made by the Secretary of State or Treasury under this Act may—

(a)make different provision for different purposes or areas,

(b)make provision which applies generally or only for particular purposes or areas,

(c)make transitional, transitory or saving provision, or

(d)make incidental, supplementary or consequential provision.

Annotations:

Amendments (Textual)

F37S. 74(2)(ba)(bb) inserted (1.11.2016 for specified purposes, 30.10.2017 in so far as not already in force) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 7 para. 6; S.I. 2016/1037, reg. 2(d); S.I. 2017/929, reg. 2(b)

F38S. 74(2)(ja) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 85(3), 94(4)

75CommencementE+W+S+N.I.

(1)This Part, other than section 73(6) and Schedule 9, comes into force on the day on which this Act is passed.

(2)Section 56, section 59 and Schedule 6, and section 62 come into force at the end of the period of two months beginning with the day on which this Act is passed.

(3)Subject to subsections (1) and (2), this Act comes into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes or areas.

76ExtentE+W+S+N.I.

(1)This Act extends to England and Wales, Scotland and Northern Ireland.

(2)Subsection (1) is subject to subsection (3).

(3)Section 59 and Schedule 6 extend to England and Wales only.

(4)Subsections (1) to (3) do not apply to an amendment, repeal or revocation made by this Act.

(5)An amendment, repeal or revocation made by this Act has the same extent as the provision amended, repealed or revoked (ignoring extent by virtue of an Order in Council).

(6)Her Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to any of the Channel Islands or the Isle of Man.

(7)Subsection (6) does not apply in relation to the extension to a place of a provision which extends there by virtue of subsection (5).

Annotations:

Modifications etc. (not altering text)

C24S. 76(6) power to extend (with modifications) to the Channel Islands or the Isle of Man any amendments or repeals made to this Act by the Immigration Act 2016 to which this section relates (12.5.2016) by Immigration Act 2016 (c. 19), ss. 94(5), 95(6)(7)(i)

77Short titleE+W+S+N.I.

This Act may be cited as the Immigration Act 2014.

Annotations:

Modifications etc. (not altering text)

C25S. 77 extended (with modifications) (Jersey) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Registration) (Jersey) Order 2018 (S.I. 2018/619), arts. 1(1), 3, Sch. 2

SCHEDULES

Section 4

SCHEDULE 1E+W+S+N.I.Enforcement powers

Power to escort detained personsE+W+S+N.I.

1In Schedule 2 to the Immigration Act 1971, in paragraph 18(3) (power to escort detained persons) for the first “or of” substitute “ an immigration officer, or ”.E+W+S+N.I.

Annotations:

Commencement Information

I101Sch. 1 para. 1 in force at 28.7.2014 by S.I. 2014/1820, art. 3(y)

Power to search detained personsE+W+S+N.I.

2(1)In Schedule 2 to the Immigration Act 1971, after paragraph 18 insert—E+W+S+N.I.

18A(1)An immigration officer or constable may search a person (“P”) who is detained under paragraph 16 for anything which P might use—

(a)to cause physical injury to P or others, or

(b)to assist P's escape from legal custody.

(2)The power to search P—

(a)unless sub-paragraph (3) applies, does not include power to require P to remove any clothing other than an outer coat, jacket or glove, but

(b)includes power to require P to open P's mouth.

(3)This sub-paragraph applies if an immigration officer or constable has reasonable grounds to believe that there is concealed on P anything which P might use as mentioned in sub-paragraph (1).

(4)The power to search P may be exercised only to the extent reasonably required for the purpose of discovering anything which P might use as mentioned in sub-paragraph (1).

(5)An intimate search (as defined in section 28H(11)) may not be conducted under this paragraph.

(6)An immigration officer or constable may seize and retain anything found on a search of P if the officer or constable has reasonable grounds to believe P might use it as mentioned in sub-paragraph (1).

(7)Nothing seized under sub-paragraph (6) may be retained when P is released from detention under paragraph 16.

F39(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 10(7) of the Immigration and Asylum Act 1999 (which applies certain provisions of Schedule 2 to the Immigration Act 1971), for “18” substitute “ 18A ”.

F40(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In regulation 22(2) of the Immigration (European Economic Area) Regulations 2006 (S.I. 2006/1003) (which applies certain provisions of Schedule 2 to the Immigration Act 1971), for “18” substitute “ 18A ”.

Annotations:

Amendments (Textual)

F39Sch. 1 para. 2(3) repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 7 table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

F40Sch. 1 para. 2(4) repealed (20.10.2014) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 9 para. 7 table; S.I. 2014/2771, art. 2(e) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9))

Commencement Information

I102Sch. 1 para. 2 in force at 28.7.2014 by S.I. 2014/1820, art. 3(y)

Entry and search of premisesE+W+S+N.I.

3(1)Paragraph 25A of Schedule 2 to the Immigration Act 1971 (power to enter premises and search for documents following arrest) is amended as follows.E+W+S+N.I.

(2)In sub-paragraph (1)(b) for “by a constable (other than under this Schedule)” substitute “ other than under this Schedule ”.

(3)After sub-paragraph (6) insert—

(6A)If, on an application made by an immigration officer, a justice of the peace is satisfied that—

(a)there are reasonable grounds for believing that relevant documents may be found on premises not within sub-paragraph (2) which are specified in the application, and

(b)any of the conditions in sub-paragraph (6B) is met,

the justice of the peace may issue a warrant authorising an immigration officer to enter and search the premises.

(6B)The conditions are that—

(a)it is not practicable to communicate with any person entitled to grant entry to the premises;

(b)it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the relevant documents;

(c)entry to the premises will not be granted unless a warrant is produced;

(d)the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry.

(6C)In the application of sub-paragraph (6A) to Scotland, references to a justice of the peace are to be treated as references to the sheriff or a justice of the peace.

(4)In sub-paragraph (7)—

(a)for “sub-paragraph (2)” substitute “ this paragraph ”;

(b)in paragraph (a) omit “and retain”;

(c)omit paragraph (b) and the “but” before it.

(5)After sub-paragraph (8) insert—

(8A)An immigration officer may retain a document seized under sub-paragraph (7) while the officer has reasonable grounds for believing that—

(a)the arrested person may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and

(b)retention of the document may facilitate the person's removal.

Annotations:

Commencement Information

I103Sch. 1 para. 3 in force at 28.7.2014 by S.I. 2014/1820, art. 3(y)

4In sections 28J(11) and 28K(14) of the Immigration Act 1971 (warrants - safeguards and execution) after “paragraph 17(2)” insert “ or 25A(6A) ”.E+W+S+N.I.

Annotations:

Commencement Information

I104Sch. 1 para. 4 in force at 28.7.2014 by S.I. 2014/1820, art. 3(y)

General power to use reasonable forceE+W+S+N.I.

5In section 146(1) of the Immigration and Asylum Act 1999 (power of immigration officer to use reasonable force when exercising powers under certain enactments) for “the 1971 Act or this Act” substitute “ the Immigration Acts ”.E+W+S+N.I.

Annotations:

Commencement Information

I105Sch. 1 para. 5 in force at 28.7.2014 by S.I. 2014/1820, art. 3(y)

Section 12

SCHEDULE 2E+W+S+N.I.Meaning of biometric information

Annotations:

Modifications etc. (not altering text)

C26Sch. 2 extended (with modifications) (Jersey) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Registration) (Jersey) Order 2018 (S.I. 2018/619), arts. 1(1), 3, Sch. 2

Immigration Act 1971 (c. 77)E+W+S+N.I.

1(1)Schedule 2 to the Immigration Act 1971 (entry control) is amended as follows.E+W+S+N.I.

(2)In paragraph 4(5)—

(a)after “provide” insert “ biometric ”;

(b)omit from “about his external physical characteristics” to the end.

(3)After paragraph 4(5) insert—

(6)Biometric information” has the meaning given by section 15 of the UK Borders Act 2007.

(4)In paragraph 18(2A), for “fingerprints” substitute “ biometric information (within the meaning given by section 15 of the UK Borders Act 2007) ”.

Annotations:

Commencement Information

I106Sch. 2 para. 1 in force at 28.7.2014 by S.I. 2014/1820, art. 3(z)

Immigration and Asylum Act 1999 (c. 33)E+W+S+N.I.

2(1)Section 144 of the Immigration and Asylum Act 1999 (provision for collecting physical data other than fingerprints) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “data about external physical characteristics” substitute “ biometric information ”.

(3)For subsection (2) substitute—

(2)Biometric information” has the meaning given by section 15 of the UK Borders Act 2007.

Annotations:

Commencement Information

I107Sch. 2 para. 2 in force at 28.7.2014 by S.I. 2014/1820, art. 3(z)

Nationality, Immigration and Asylum Act 2002 (c. 41)E+W+S+N.I.

3(1)Section 126 of the Nationality, Immigration and Asylum Act 2002 (power to require provision of physical data with certain immigration applications) is amended as follows.E+W+S+N.I.

(2)In subsection (1)—

(a)in paragraph (a), for “information about external physical characteristics of the applicant” substitute “ biometric information ”;

(b)in paragraphs (b) and (c), for “information about his external physical characteristics” substitute “ biometric information ”.

(3)In subsection (4)(a), (b) and (c), before “information” insert “ biometric ”.

(4)In subsection (9), after the definition of “authorised person” insert—

biometric information” has the meaning given by section 15 of the UK Borders Act 2007,.

(5)In that subsection, omit the definition of “external physical characteristics” (and the “and” before it).

Annotations:

Commencement Information

I108Sch. 2 para. 3 in force at 28.7.2014 by S.I. 2014/1820, art. 3(z)

4(1)Section 127 of that Act (voluntary provision of physical data) is amended as follows.E+W+S+N.I.

(2)In subsection (1), for “information about his external physical characteristics” substitute “ biometric information ”.

(3)In subsection (2)(a) and (b), before “information” insert “ biometric ”.

(4)In subsection (3)—

(a)after paragraph (a) insert—

(aa)biometric information”, and;

(b)omit the “and” at the end of paragraph (b);

(c)omit paragraph (c).

Annotations:

Commencement Information

I109Sch. 2 para. 4 in force at 28.7.2014 by S.I. 2014/1820, art. 3(z)

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)E+W+S+N.I.

5In section 35(2) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (imposition of requirements to facilitate deportation or removal), for paragraph (c) substitute—E+W+S+N.I.

(c)provide biometric information (within the meaning of section 15 of the UK Borders Act 2007), or submit to a process by means of which such information is obtained or recorded;.

Annotations:

Commencement Information

I110Sch. 2 para. 5 in force at 28.7.2014 by S.I. 2014/1820, art. 3(z)

Section 20

SCHEDULE 3E+W+S+N.I.Excluded residential tenancy agreements

Social housingE+W+S+N.I.

1(1)An agreement that grants a right of occupation in social housing.E+W+S+N.I.

(2)Social housing” means accommodation provided to a person by virtue of a relevant provision.

(3)Relevant provision” means a provision of—

(a)in relation to England and Wales—

(i)Part 2 of the Housing Act 1985, or

(ii)Part 6 or 7 of the Housing Act 1996;

(b)in relation to Scotland, Part 1 or 2 of the Housing (Scotland) Act 1987;

(c)in relation to Northern Ireland—

(i)Chapter 4 of Part 2 of the Housing (Northern Ireland) Order 1981 (S.I. 1981/156 (N.I. 3)), or

(ii)Part 2 of the Housing (Northern Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23)).

(4)Accommodation provided to a person by virtue of a relevant provision includes accommodation provided in pursuance of arrangements made under any such provision.

Annotations:

Commencement Information

I111Sch. 3 para. 1 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)

I112Sch. 3 para. 1 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(m)

2(1)This paragraph applies for the purposes of paragraph 1.E+W+S+N.I.

(2)An allocation of housing accommodation by a local housing authority in England to a person who is already—

(a)a secure or introductory tenant, or

(b)an assured tenant of housing accommodation held by a private registered provider of social housing or a registered social landlord,

is to be treated as an allocation of housing accommodation by virtue of Part 6 of the Housing Act 1996 (and accordingly section 159(4A) of that Act is to be ignored).

(3)An allocation of housing accommodation that falls within a case specified in, or prescribed under, section 160 of the Housing Act 1996 (cases where provisions about allocation under Part 6 of that Act do not apply) is to be treated as an allocation of housing accommodation by virtue of Part 6 of that Act (and accordingly that section is to be ignored).

(4)An allocation of housing accommodation by virtue of Part 1 of the Housing (Scotland) Act 1987 is to be treated as provided by virtue of a relevant provision only if it is provided by a local authority within the meaning of that Act (or in pursuance of arrangements made under or for the purposes of that Part with a local authority).

(5)Accommodation provided to a person in Northern Ireland by a registered housing association is to be treated as provided to the person by virtue of a relevant provision.

(6)Terms used in sub-paragraphs (2) and (3) have the same meanings as in Part 6 of the Housing Act 1996.

(7)In sub-paragraph (5) “registered housing association” means a housing association, within the meaning of Part 2 of the Housing (Northern Ireland) Order 1992 (S.I. 1992/1725 (N.I. 15)), that is registered in the register of housing associations maintained under Article 14 of that Order.

Annotations:

Commencement Information

I113Sch. 3 para. 2 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)

I114Sch. 3 para. 2 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(m)

Care homesE+W+S+N.I.

3(1)An agreement that grants a right of occupation in a care home.E+W+S+N.I.

(2)Care home” means—

(a)in relation to England and Wales, an establishment that is a care home for the purposes of the Care Standards Act 2000;

(b)in relation to Scotland, accommodation that is provided as a care home service within the meaning of Part 5 of the Public Services Reform (Scotland) Act 2010;

(c)in relation to Northern Ireland, an establishment that is a residential care home, or a nursing home, for the purposes of the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003 (S.I. 2003/431 (N.I. 9)).

Annotations:

Commencement Information

I115Sch. 3 para. 3 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)

I116Sch. 3 para. 3 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(m)

Hospitals and hospicesE+W+S+N.I.

4(1)An agreement that grants a right of occupation of accommodation in a hospital or hospice.E+W+S+N.I.

(2)“Hospital”—

(a)in relation to England, has the meaning given in section 275 of the National Health Service Act 2006;

(b)in relation to Wales, has the meaning given in section 206 of the National Health Service (Wales) Act 2006;

(c)in relation to Scotland, has the meaning given in section 108 of the National Health Service (Scotland) Act 1978;

(d)in relation to Northern Ireland, has the meaning given in Article 2(2) of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)).

(3)Hospice” means an establishment other than a hospital whose primary function is the provision of palliative care to persons resident there who are suffering from a progressive disease in its final stages.

Annotations:

Commencement Information

I117Sch. 3 para. 4 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)

I118Sch. 3 para. 4 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(m)

Other accommodation relating to healthcare provisionE+W+S+N.I.

5(1)An agreement—E+W+S+N.I.

(a)under which accommodation is provided to a person as a result of a duty imposed on a relevant NHS body by an enactment, and

(b)which is not excluded by another provision of this Schedule.

(2)Relevant NHS body” means—

(a)in relation to England—

(i)a clinical commissioning group, or

(ii)the National Health Service Commissioning Board;

(b)in relation to Wales, a local health board;

(c)in relation to Scotland, a health board constituted by order made under section 2 of the National Health Service (Scotland) Act 1978;

(d)in relation to Northern Ireland, a Health and Social Services trust.

Annotations:

Commencement Information

I119Sch. 3 para. 5 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)

I120Sch. 3 para. 5 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(m)

Hostels and refugesE+W+S+N.I.

6(1)An agreement that grants a right of occupation of accommodation in a hostel or refuge.E+W+S+N.I.

(2)Hostel” means a building which satisfies the following two conditions.

(3)The first condition is that the building is used for providing to persons generally, or to a class of persons—

(a)residential accommodation otherwise than in separate and self-contained premises, and

(b)board or facilities for the preparation of food adequate to the needs of those persons (or both).

(4)The second condition is that any of the following applies in relation to the building—

(a)it is managed by a registered housing association;

(b)it is not operated on a commercial basis and its costs of operation are provided wholly or in part by a government department or agency, or by a local authority;

(c)it is managed by a voluntary organisation or charity.

(5)Refuge” means a building which satisfies the second condition in sub-paragraph (4) and is used wholly or mainly for providing accommodation to persons who have been subject to any incident, or pattern of incidents, of—

(a)controlling, coercive or threatening behaviour,

(b)physical violence,

(c)abuse of any other description (whether physical or mental in nature), or

(d)threats of any such violence or abuse.

(6)In this paragraph—

Annotations:

Commencement Information

I121Sch. 3 para. 6 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)

I122Sch. 3 para. 6 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(m)

Accommodation from or involving local authoritiesE+W+S+N.I.

7(1)An agreement—E+W+S+N.I.

(a)under which accommodation is provided to a person as a result of a duty or relevant power that is imposed or conferred on a local authority by an enactment (whether or not provided by the local authority), and

(b)which is not excluded by another provision of this Schedule.

(2)Relevant power” means a power that is exercised for, or in connection with, a purpose of providing accommodation to a person who is homeless or is threatened with homelessness.

(3)In sub-paragraph (2) the reference to a person who is homeless or is threatened with homelessness is to be read in accordance with—

(a)in relation to England and Wales, section 175 of the Housing Act 1996;

(b)in relation to Scotland, section 24 of the Housing (Scotland) Act 1987;

(c)in relation to Northern Ireland, Article 3 of the Housing (Northern Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23)).

Annotations:

Commencement Information

I123Sch. 3 para. 7 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)

I124Sch. 3 para. 7 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(m)

Accommodation provided by virtue of immigration provisionsE+W+S+N.I.

8An agreement granting a right of occupation of accommodation that is provided to an individual by virtue of any of the following provisions of the Immigration and Asylum Act 1999—E+W+S+N.I.

(a)section 4 (provision of accommodation to persons granted temporary admission etc);

(b)section 95 (provision of support to asylum seekers etc);

(c)section 98 (provision of temporary support to asylum seekers etc).

Annotations:

Commencement Information

I125Sch. 3 para. 8 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)

I126Sch. 3 para. 8 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(m)

Mobile homesE+W+S+N.I.

9An agreement to which the Mobile Homes Act 1983 applies.E+W+S+N.I.

Annotations:

Commencement Information

I127Sch. 3 para. 9 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)

I128Sch. 3 para. 9 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(m)

Tied accommodationE+W+S+N.I.

10(1)An agreement that grants a right of occupation of tied accommodation.E+W+S+N.I.

(2)Tied accommodation” means accommodation that is provided—

(a)by an employer to an employee in connection with a contract of employment, or

(b)by a body providing training in a trade, profession or vocation to an individual in connection with that training.

(3)In this paragraph “employer” and “employee” have the same meanings as in the Employment Rights Act 1996 (see section 230 of that Act).

Annotations:

Commencement Information

I129Sch. 3 para. 10 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)

I130Sch. 3 para. 10 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(m)

Student accommodationE+W+S+N.I.

11(1)An agreement that grants a right of occupation in a building which—E+W+S+N.I.

(a)is used wholly or mainly for the accommodation of students, and

(b)satisfies either of the following conditions.

(2)The first condition is that the building is owned or managed by any of the following—

(a)an institution within the meaning of paragraph 5 of Schedule 1 to the Local Government Finance Act 1992;

(b)a body that is specified in regulations made under Article 42(2A) of the Rates (Northern Ireland) Order 1977 (S.I. 1977/2157 (N.I. 28));

(c)a body established for charitable purposes only.

(3)The second condition is that the building is a hall of residence.

(4)In this paragraph and paragraph 12 “student”—

(a)in relation to England and Wales or Scotland, has the same meaning as in paragraph 4 of Schedule 1 to the Local Government Finance Act 1992;

(b)in relation to Northern Ireland, means a person who satisfies such conditions as to education or training as may be specified in regulations made under Article 42(2A) of the Rates (Northern Ireland) Order 1977 (S.I. 1977/2157 (N.I. 28)).

Annotations:

Commencement Information

I131Sch. 3 para. 11 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)

I132Sch. 3 para. 11 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(m)

12An agreement under which accommodation is provided to a student who has been nominated to occupy it by an institution or body of the kind mentioned in paragraph 11(2).E+W+S+N.I.

Annotations:

Commencement Information

I133Sch. 3 para. 12 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)

I134Sch. 3 para. 12 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(m)

Long leasesE+W+S+N.I.

13(1)An agreement that—E+W+S+N.I.

(a)is, or is for, a long lease, or

(b)grants a right of occupation for a term of 7 years or more.

(2)Long lease” means—

(a)in relation to England and Wales, a lease which is a long lease for the purposes of Chapter 1 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993 or which, in the case of a shared ownership lease (within the meaning given by section 7(7) of that Act), would be such a lease if the tenant's total share (within the meaning given by that section) were 100 per cent;

(b)in relation to Scotland, has the meaning given by section 9(2) of the Land Registration (Scotland) Act 2012.

(3)An agreement does not grant a right of occupation for a term of 7 years or more if the agreement can be terminated at the option of a party before the end of 7 years from the commencement of the term.

Annotations:

Commencement Information

I135Sch. 3 para. 13 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)

I136Sch. 3 para. 13 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(m)

InterpretationE+W+S+N.I.

14(1)This paragraph applies for the purposes of this Schedule.E+W+S+N.I.

(2)Building” includes a part of a building.

(3)Enactment” includes—

(a)an enactment contained in subordinate legislation within the meaning of 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)an enactment contained in, or in an instrument made under, Northern Ireland legislation.

(4)Local authority” means—

(a)in relation to England—

(i)a county, district or parish council in England,

(ii)a London borough council,

(iii)the Common Council of the City of London in its capacity as a local authority, or

(iv)the Council of the Isles of Scilly;

(b)in relation to Wales, any county, county borough or community council in Wales;

(c)in relation to Scotland, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;

(d)in relation to Northern Ireland, a district council constituted under section 1 of the Local Government Act (Northern Ireland) 1972 (c. 9 (N.I.)).

Annotations:

Commencement Information

I137Sch. 3 para. 14 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)

I138Sch. 3 para. 14 in force at 1.2.2016 for E. in so far as not already in force by S.I. 2016/11, art. 2(m)

Section 52

SCHEDULE 4E+W+S+N.I.Referral of proposed marriages and civil partnerships in England and Wales

PART 1 E+W+S+N.I.Marriage

IntroductionE+W+S+N.I.

1The Marriage Act 1949 is amended in accordance with this Part of this Schedule.E+W+S+N.I.

Annotations:

Commencement Information

I139Sch. 4 para. 1 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)

I140Sch. 4 para. 1 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, art. 2(1)(f)

Supply of additional information and evidenceE+W+S+N.I.

2(1)Section 27 (notice of marriage) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In subsection (3), after “surname,” insert “ the date of birth, ”.

(3)In subsection (4), for “27A” substitute “ 27ZA ”.

Annotations:

Commencement Information

I141Sch. 4 para. 2 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)

3(1)After section 27 insert—E+W+S+N.I.

27ZAEntry of particulars in notice book: compliance with requirements

The superintendent registrar shall not enter the particulars relating to a marriage in the marriage notice book in accordance with section 27(4), or in an approved electronic form by virtue of section 27(4A), in a case where any of the following requirements is applicable but is not complied with—

(a)a requirement imposed by or under any of the following provisions of this Act—

(b)the requirement imposed by section 19(2) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004..

(2)Omit section 27A(5).

Annotations:

Commencement Information

I142Sch. 4 para. 3 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)

4After section 27D insert—E+W+S+N.I.

27EAdditional information 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 to the proposed marriage is not a relevant national.

(2)But this section does not apply if section 39A applies to the proposed marriage.

(3)For each party to the proposed marriage who is not a relevant national, the notice must include whichever of statements A, B or C is applicable to that person.

(4)Statement A is a statement that the person has the appropriate immigration status.

(5)Statement B is a statement that the person holds a relevant visa in respect of the proposed marriage.

(6)Statement C is a statement that the person neither—

(a)has the appropriate immigration status, nor

(b)holds a relevant visa in respect of the proposed marriage.

(7)If the notice contains the statement referred to in the first column of an entry in this table, the notice must be accompanied by the information and photographs referred to in the second column of that entry (insofar as that entry is applicable to the parties to the proposed marriage)—

If the notice includes this statement......the notice must be accompanied by...
Statement A (in respect of one or both of the parties to the proposed marriage)For each party in respect of whom statement A is made, details of the particular immigration status which that party has
Statement B (in respect of one or both of the parties to the proposed marriage)

1For each party, a specified photograph of that party

2For each party in respect of whom statement B is made, details of the relevant visa which that party has

Statement C (in respect of one or both of the parties to the proposed marriage)

1For each party, a specified photograph of that party

2For each party, the usual address of that party

3For each party whose usual address is outside the United Kingdom, an address in the United Kingdom at which that party can be contacted by post

4For each party who has previously used any name or names other than the person's name stated in the notice in accordance with section 27(3), a statement of the other name or names

5For each party who currently uses, or has previously used, an alias or aliases, a statement of the alias or aliases

(8)If the notice contains more than one of statements A, B and C, subsection (7) must be complied with in relation to each of those statements; but where the notice contains statements B and C, subsection (7) does not require the notice to be accompanied by more than one specified photograph of each party.

(9)If the notice includes statement C for a party to the proposed marriage—

(a)the notice may be accompanied by a statement (“statement D”) of that person's immigration position in the United Kingdom;

(b)if the notice is accompanied by statement D for a party to the proposed marriage, the person may provide the superintendent registrar with details of his or her immigration position in the United Kingdom; and

(c)if any such details are provided, the superintendent registrar must record them.

(10)In this section—

(a)a reference—

(i)to a person having the appropriate immigration status, or

(ii)to a person holding a relevant visa,

has the same meaning as in section 49 of the Immigration Act 2014;

(b)a reference to the particular immigration status which a person has is a reference to the immigration status set out in any of paragraphs (a) to (c) of section 49(2) of that Act which the person has;

(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 accordance with regulations made under section 28G (and for this purpose “photograph” includes other kinds of images)..

Annotations:

Commencement Information

I143Sch. 4 para. 4 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)

I144Sch. 4 para. 4 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, art. 2(1)(f)

5In section 28 (declaration to accompany notice of marriage), in subsection (1), after paragraph (c) insert—E+W+S+N.I.

(d)that he or she believes all of the information stated in the notice, and all information and evidence supplied with the notice, is true..

Annotations:

Commencement Information

I145Sch. 4 para. 5 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)

6(1)Section 28A (power to require evidence) is amended in accordance with this paragraph.E+W+S+N.I.

(2)For the title substitute Power to require evidence of consent to marriages of 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).

Annotations:

Commencement Information

I146Sch. 4 para. 6 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)

7After section 28A insert—E+W+S+N.I.

28BProvision 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)the 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 the 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)In this section “specified evidence” means evidence that is in accordance with regulations made under section 28G.

28CAdditional 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 to 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 the 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 position 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 paragraphs 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 paragraphs 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—

28DChange of usual address or UK contact address

(1)The Secretary of State may, by regulations, make provision about the giving 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)notice 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 includes—

(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 provision 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—

28ERejection of false information or evidence

(1)A superintendent registrar may reject—

(a)any 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)If 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 reject anything provided under any other enactment.

28FAmendment 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)amend 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 State 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; and 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.

28GSpecified evidence

(1)The Registrar General may make regulations about the evidence that is 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)the 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)the 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)the retention or copying of evidence supplied.

(4)In this section “evidence” includes a photograph or other image.

(5)The 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 instrument.

(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..

Annotations:

Commencement Information

I147Sch. 4 para. 7 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)

I148Sch. 4 para. 7 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, art. 2(1)(f)

Referral to Secretary of StateE+W+S+N.I.

8After section 28G insert—E+W+S+N.I.

28HReferral 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)But 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)In 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,

the 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)notify 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)the 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)Regulations 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 marriage.

(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 Secretary 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 49 of the Immigration Act 2014;

(b)prescribed information” means information prescribed in regulations;

(c)regulations” means regulations made by the Secretary of State after consulting the Registrar General..

Annotations:

Commencement Information

I149Sch. 4 para. 8 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)

I150Sch. 4 para. 8 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, art. 2(1)(f)

9Before Schedule 4 insert—E+W+S+N.I.

SCHEDULE 3AE+W+S+N.I.Modifications if proposed marriage referred under section 28H
IntroductionE+W+S+N.I.

1(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—

No certificate to be issued until decision about investigation etcE+W+S+N.I.

2(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)Event 1 occurs if—

(a)the Secretary of State gives the superintendent registrar the section 48 notice, and

(b)that notice is of a decision not to investigate whether the referred marriage is a sham.

(3)Event 2 occurs if—

(a)the relevant statutory period ends, and

(b)the Secretary of State has not given the superintendent registrar the section 48 notice.

(4)Event 3 occurs if—

(a)the Secretary of State gives the superintendent registrar the section 48 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 section 50 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)the Secretary of State has not given the superintendent registrar the section 50 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)the Secretary of State has given the superintendent registrar the section 48 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 registrar the section 50 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 applicable to the issue of the certificate.

(9)This paragraph is subject to paragraph 4.

(10)In this paragraph—

Marriage to be investigated: extension of waiting period to 70 daysE+W+S+N.I.

3(1)The modifications in this paragraph have effect if the Secretary of State gives the superintendent registrar notice under section 48(7) of 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 as 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 70 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 the 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.

Effect of reducing statutory periodE+W+S+N.I.

4(1)This 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)that 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 any 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)But 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 section 48 of the 2014 Act, whether a proposed marriage is a sham..

Annotations:

Commencement Information

I151Sch. 4 para. 9 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)

Notice periodE+W+S+N.I.

10(1)Section 31 (marriage under certificate without licence) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In 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)After 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)the 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 (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)The 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)In subsection (5H), after “(5D)” insert “ or (5ED) ”.

Annotations:

Commencement Information

I152Sch. 4 para. 10 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)

I153Sch. 4 para. 10 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, art. 2(1)(f)

Marriage referred to Secretary of State: issue of certificatesE+W+S+N.I.

11(1)In section 31 (marriage under certificate without licence), at the end insert—E+W+S+N.I.

(7)This section has effect subject to section 31ZA..

(2)After section 31 insert—

31ZANotice 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)notice 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 parties 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 refuse to issue certificates under section 31 in respect of marriages.

(4)In this section—

(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)after 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 directs 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)If—

(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,

the 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)at 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)) ”.

Annotations:

Commencement Information

I154Sch. 4 para. 11 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)

CertificatesE+W+S+N.I.

12(1)Section 35 (marriage in registration district in which neither party resides) is amended in accordance with sub-paragraphs (2) and (3).E+W+S+N.I.

(2)After subsection (3) insert—

(3A)In 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)In 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) (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)Where 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 marriage 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.

Annotations:

Commencement Information

I155Sch. 4 para. 12 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)

One party resident in ScotlandE+W+S+N.I.

13In section 37 (one party resident in Scotland), in subsection (1)(b), for the words from “with” to “Act” (in the first place) substitute “ with section 27 and the other provisions of this Act ”.E+W+S+N.I.

Annotations:

Commencement Information

I156Sch. 4 para. 13 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)

Proof of certain matters not necessary to validity of marriagesE+W+S+N.I.

14In section 48 (proof of certain matters not necessary to validity of marriages), in subsection (1)—E+W+S+N.I.

(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)at 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..

Annotations:

Commencement Information

I157Sch. 4 para. 14 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)

Regulations etcE+W+S+N.I.

15In section 74 (regulations), after subsection (2) insert—E+W+S+N.I.

(3)Any order or regulations made under this Act may make different provision for different cases..

Annotations:

Commencement Information

I158Sch. 4 para. 15 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)

I159Sch. 4 para. 15 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, art. 2(1)(f)

OffencesE+W+S+N.I.

16In section 75 (offences relating to solemnization of marriages), in subsection (3)(a), for “15 days” substitute “ 28 days ”.E+W+S+N.I.

Annotations:

Commencement Information

I160Sch. 4 para. 16 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)

Relevant nationalsE+W+S+N.I.

17In section 78 (interpretation of the 1949 Act), in subsection (1), after the definition of “registration district” insert—E+W+S+N.I.

relevant national” means—

(a)a British citizen,

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

(c)a national of Switzerland;.

Annotations:

Commencement Information

I161Sch. 4 para. 17 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)

I162Sch. 4 para. 17 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, art. 2(1)(f)

PART 2 E+W+S+N.I.Civil partnership

IntroductionE+W+S+N.I.

18The Civil Partnership Act 2004 is amended in accordance with this Part of this Schedule.E+W+S+N.I.

Annotations:

Commencement Information

I163Sch. 4 para. 18 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)

I164Sch. 4 para. 18 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, art. 2(1)(f)

Supply of additional information and evidenceE+W+S+N.I.

19(1)Section 8 (notice of proposed civil partnership and declaration) is amended in accordance with this paragraph.E+W+S+N.I.

(2)In subsection (4), after paragraph (b) insert—

(c)that the proposed civil partner believes all of the information stated in the notice, and all information and evidence supplied with the notice, is true..

(3)After subsection (5) insert—

(5A)Subsection (5) is subject to section 9F..

Annotations:

Commencement Information

I165Sch. 4 para. 19 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)

20After section 8 insert—E+W+S+N.I.

8AAdditional information if party not relevant national

(1)This section applies to notice of proposed civil partnership given to a registration authority in accordance with section 8 if one, or each, of the parties to the proposed civil partnership is not a relevant national.

(2)But this section does not apply if Schedule 3 applies to the proposed civil partnership.

(3)For each party to the proposed civil partnership who is not a relevant national, the notice must include whichever of statements A, B or C is applicable to that person.

(4)Statement A is a statement that the person has the appropriate immigration status.

(5)Statement B is a statement that the person holds a relevant visa in respect of the proposed civil partnership.

(6)Statement C is a statement that the person neither—

(a)has the appropriate immigration status, nor

(b)holds a relevant visa in respect of the proposed civil partnership.

(7)If the notice contains the statement referred to in the first column of an entry in this table, the notice must be accompanied by the information and photographs referred to in the second column of that entry (insofar as that entry is applicable to the parties to the proposed civil partnership)—