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Immigration Act 2014

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Immigration Act 2014. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Summary

  3. Background

    1. Part 1: Removal and other powers

    2. Part 2: Appeals etc

    3. Part 3: Access to Services etc

    4. Part 4: Marriage and Civil Partnership

    5. Part 5: Oversight

    6. Part 6: Miscellaneous

  4. Territorial Extent and Application

  5. Commentary on Sections

    1. Part 1: Removal and other powers

      1. Section 1: Removal of persons unlawfully in the United Kingdom

      2. Section 2: Restriction on removal of children and their parents etc

      3. Section 3: Independent Family Returns Panel

      4. Section 4: Enforcement Powers

      5. Schedule 1: Enforcement Powers

      6. Section 5: Restrictions on detention of unaccompanied children

      7. Section 6: Pre-departure accommodation for families

      8. Section 7: Immigration bail: repeat applications and effect of removal directions

      9. Section 8: Provision of biometric information with immigration applications

      10. Section 9: Identifying persons liable to detention

      11. Section 10: Provision of biometric information with citizenship applications

      12. Section 11: Biometric immigration documents

      13. Section 12: Meaning of “biometric information”

      14. Section 13: Safeguards for children

      15. Section 14: Use and retention of biometric information

    2. Part 2: Appeals etc

      1. Section 15: Right of appeal to First-tier Tribunal

      2. Section 16: Report by Chief Inspector on administrative review

      3. Section 17: Place from which appeal may be brought or continued

      4. Section 18: Review of certain deportation decisions by Special Immigration Appeals Commission

      5. Section 19: Article 8 of the ECHR: public interest considerations

    3. Part 3: Access to Services etc

      1. Chapter 1: Residential tenancies

        1. Section 20: Residential tenancy agreement

        2. Schedule 3: Excluded residential tenancy agreements

        3. Section 21: Persons disqualified by immigration status or with limited right to rent

        4. Section 22: Persons disqualified by immigration status not to be leased premises

        5. Section 23: Penalty notices: landlords

        6. Section 24: Excuses available to landlords

        7. Section 25: Penalty notices: agents

        8. Section 26: Excuses available to agents

        9. Section 27: Eligibility period

        10. Section 28: Penalty notices: general

        11. Section 29: Objection

        12. Section 30: Appeals

        13. Section 31: Enforcement

        14. Section 32: General matters

        15. Section 33: Discrimination

        16. Section 34: Orders

        17. Section 35: Transitional provision

        18. Section 36: Crown Application

        19. Section 37: Interpretation

      2. Chapter 2: Other Services etc

        National Health Service

        1. Section 38: Immigration health charge

        2. Section 39: Related provision: charges for health services

        3. Bank accounts

          1. Section 40: Prohibition on opening current accounts for disqualified persons

          2. Section 41: Regulation by Financial Conduct Authority

          3. Section 42: “Bank” and “building society”

          4. Section 43: Power to amend

        4. Work

          1. Section 44: Appeals against penalty notices

          2. Section 45: Recovery of sums payable under penalty notices

        5. Driving licences

          1. Section 46: Grant of driving licences: residence requirement

          2. Section 47: Revocation of driving licences on grounds of immigration status

    4. Part 4: Marriage and Civil Partnership

      1. Chapter 1: Referral and Investigation of Proposed Marriages and Civil Partnerships

        1. Section 48: Decision whether to investigate

        2. Section 49: Exempt persons

        3. Section 50: Conduct of investigation

        4. Section 51: Investigations: supplementary

        5. Section 52: Referral of proposed marriages and civil partnerships in England and Wales

        6. Schedule 4: Referral of proposed marriages and civil partnerships in England and Wales

          1. Part 1: Marriage

            1. Introduction

            2. Supply of additional information and evidence

            3. Referral to Secretary of State

            4. Notice period

            5. Marriage referred to Secretary of State: issue of certificates

            6. Certificates

            7. One party resident in Scotland

            8. Proof of certain matters not necessary to validity of marriages

            9. Regulations etc

            10. Offences

            11. Relevant nationals

          2. Part 2: Civil Partnership

            1. Introduction

            2. Supply of additional information and evidence

            3. Notice period

            4. Referral to Secretary of State

            5. Civil partnership referred to Secretary of State: issue of civil partnership schedule

            6. Relevant nationals

            7. Regulations and orders

            8. Proof of certain matters not necessary to validity of civil partnership

        7. Section 53: Extension of scheme to Scotland and Northern Ireland

        8. Section 54: Supplementary provision

        9. Schedule 5: Sham Marriage and Civil Partnership: Administrative Regulations

          1. Introduction

          2. Notices

          3. Evidence

          4. Change of address

          5. Referral

          6. Applications for shortening of waiting period

      2. Chapter 2: Sham Marriage and Civil Partnership

        1. Section 55: Meaning of “sham marriage” and “sham civil partnership”

        2. Section 56: Duty to report suspicious marriages and civil partnerships

      3. Chapter 3: Other Provisions

        1. Persons not relevant nationals etc: marriage on superintendent registrar’s certificates

          1. Section 57: Solemnization of marriage according to rites of Church of England

          2. Section 58: Requirement as to giving of notice of marriage or civil partnership

        2. Section 59: Information

        3. Schedule 6: Information

          1. Part 1: Disclosure of information etc where proposed marriage or civil partnership referred to Secretary of State

          2. Part 2: Disclosure of information etc for immigration purposes etc

            1. Disclosures by registration officials

            2. Disclosures by the Secretary of State

          3. Part 3: Disclosure of information etc for prevention of crime etc

          4. Part 4: General Provisions

            1. Limitations on powers

            2. No breach of confidentiality etc

            3. Retention, copying and disposal of documents

            4. Saving for existing powers

            5. Meaning of “registration official”

        4. Section 60: Regulations about evidence

        5. Section 61: Notices

        6. Section 62: Interpretation of this Part

    5. Part 5: Oversight

      1. Office of the Immigration Services Commissioner

        1. Section 63: Immigration advisers and immigration service providers

        2. Schedule 7: Immigration advisers and immigration service providers

      2. Section 64: Police Ombudsman for Northern Ireland

    6. Part 6: Miscellaneous

      1. Section 65: Persons unable to acquire citizenship: natural father not married to mother

      2. Section 66: Deprivation of citizenship: conduct seriously prejudicial to the interests of the UK

      3. Section 67: Embarkation checks

      4. Schedule 8: Embarkation checks

        1. Part 1: Functions Exercisable by Designated Persons

          1. Examinations by designated person

          2. Information and Documents

          3. Embarkation cards

          4. Designations

          5. Directions to carriers and operators of ports

        2. Part 2: Other Provision

          1. Offences

      5. Section 68: Fees

      6. Section 69: Fees orders and fees regulations: supplemental

      7. Section 70: Power to charge fees for attendance services in particular cases

      8. Section 71: Duty regarding the welfare of children

    7. Part 7: Final provisions

      1. Section 74: Orders and regulations

  6. Commencement Dates

  7. Hansard References

  8. Glossary

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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