Search Legislation

Immigration Act 2014

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Immigration Act 2014. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

  • Sch. 6 para. 6(b) words substituted by 2016 c. 25 Sch. 10 para. 33
  • specified provision(s) amendment to earlier commencing S.I. 2014/2771 by S.I. 2015/371 art. 7 8
  • specified provision(s) savings for earlier commencing SI 2014/2771 by S.I. 2014/2928 art. 2 (Amendment already reflected in Appended Commentary in EXTOES for 2014 SI2771.)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 59

SCHEDULE 6E+WInformation

This schedule has no associated Explanatory Notes

PART 1 E+WDisclosure of information etc where proposed marriage or civil partnership referred to Secretary of State

1(1)This paragraph applies if—E+W

(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.

(2)The Secretary of State may—

(a)disclose relevant information to a registration official, or

(b)supply a document containing relevant information to a registration official.

(3)In this paragraph “relevant information” means any of the following information—

(a)the fact that the proposed marriage or civil partnership has been referred to the Secretary of State;

(b)the names of the parties to the proposed marriage or civil partnership;

(c)in the case of a proposed marriage—

(i)any information included with the referral in accordance with regulations under section 28H of the Marriage Act 1949;

(ii)any address of a party to the proposed marriage notified to the Secretary of State in accordance with such regulations or regulations under section 28D of the Marriage Act 1949;

(d)in the case of a proposed civil partnership—

(i)any information included with the referral in accordance with regulations under section 12A of the Civil Partnership Act 2004;

(ii)any address of a party to the proposed civil partnership notified to the Secretary of State in accordance with such regulations or regulations under section 9B of the Civil Partnership Act 2004;

(e)details of any immigration enforcement action taken by the Secretary of State in respect of a party to the proposed marriage or civil partnership (including any action taken after solemnization of the marriage or formation of the civil partnership);

(f)details of any immigration decision taken wholly or partly by reference to the marriage or civil partnership (whether while it was proposed or after it was solemnized or formed).

PART 2 E+WDisclosure of information etc for immigration purposes etc

Disclosures by registration officialsE+W

2(1)A registration official may—E+W

(a)disclose any information held by the registration official, or

(b)supply any document held by the registration official,

to the Secretary of State, or to another registration official, for use for either of the following purposes.

(2)Those purposes are—

(a)immigration purposes;

(b)purposes connected with the exercise of functions relating to—

(i)the referral of proposed marriages to the Secretary of State under section 28H of the Marriage Act 1949, or

(ii)the referral of proposed civil partnerships to the Secretary of State under section 12A of the Civil Partnership Act 2004.

(3)In this paragraph “immigration purposes” means—

(a)the administration of immigration control under the Immigration Acts;

(b)the prevention, detection, investigation or prosecution of criminal offences relating to immigration;

(c)the imposition of penalties or charges under Part 3 of the Immigration and Asylum Act 1999;

(d)the provision of support for asylum-seekers and their dependants under Part 6 of that Act;

(e)such other purposes as may be specified by the Secretary of State by order.

3A registration official may disclose to another registration official—E+W

(a)the fact that a suspicion about a marriage or civil partnership has been reported to the Secretary of State under section 24 or 24A of the Immigration and Asylum Act 1999, and

(b)the content of any such report,

(whether or not the suspicion was reported by the registration official making the disclosure).

Disclosures by the Secretary of StateE+W

4(1)The Secretary of State may—E+W

(a)disclose any information held by the Secretary of State, or

(b)supply any document held by the Secretary of State,

to a registration official for use for verification purposes.

(2)In this paragraph “verification purposes” means—

(a)assisting in the verification of information provided to a relevant official by a person giving—

(i)notice of marriage under section 27 of the Marriage Act 1949, or

(ii)notice under section 8 of the Civil Partnership Act 2004;

(b)assisting in the verification of the immigration status of a person who contacts a relevant official in connection with the exercise of a function by a registration official;

(c)assisting in the verification of whether a person who contacts a relevant official in connection with the exercise of a function by a registration official—

(i)is suspected of involvement in crime relating to immigration, or

(ii)has been convicted of an offence relating to immigration.

(3)In this paragraph “relevant official” means—

(a)a registration official, or

(b)any other person employed to assist the exercise of functions by registration officials.

PART 3 E+WDisclosure of information etc for prevention of crime etc

5(1)A registration official may—E+W

(a)disclose any information held by the registration official, or

(b)supply any document held by the registration official,

to an eligible person, or to another registration official in England and Wales, for use for crime-fighting purposes.

(2)Information is disclosed, or a document is supplied, for use for crime-fighting purposes if condition A and condition B are met.

(3)Condition A is met if the registration official disclosing the information or supplying the document has reasonable grounds for suspecting that a criminal offence has been, is being, or is going to be committed.

(4)Condition B is met if the registration official discloses the information or supplies the document for use for one or both of these purposes—

(a)assisting in the verification of information supplied to that or any other registration official;

(b)assisting in the prevention, detection, investigation or prosecution of a criminal offence.

(5)In this section “eligible person” means—

(a)the Secretary of State;

(b)the Commissioners for Her Majesty's Revenue and Customs;

(c)a member of a police force operating in England and Wales or any part of it;

(d)a county council, a district council or a county borough council;

(e)the Greater London Authority, a London borough council or the Common Council of the City of London.

PART 4 E+WGeneral provisions

Limitations on powersE+W

6This Schedule does not authorise—E+W

(a)a disclosure, in contravention of any provisions of the Data Protection Act 1998, of personal data which are not exempt from those provisions, or

(b)a disclosure which is prohibited by Part 1 of the Regulation of Investigatory Powers Act 2000.

No breach of confidentiality etcE+W

7A disclosure of information which is authorised by this Schedule does not breach—E+W

(a)an obligation of confidence owed by the person making the disclosure, or

(b)any other restriction on the disclosure of information (however imposed).

Retention, copying and disposal of documentsE+W

8A person to whom a document is supplied under any provision of this Schedule may—E+W

(a)retain the document;

(b)copy the document;

(c)dispose of the document in such manner as the person thinks appropriate.

Saving for existing powersE+W

9This Schedule does not limit any other power under which—E+W

(a)information may be disclosed, or

(b)documents may be supplied.

Meaning of “registration official”E+W

10A “registration official” is any of the following—E+W

(a)the Registrar General;

(b)a superintendent registrar;

(c)a registrar;

(d)a registration authority or a person exercising the functions of a registration authority;

(e)a civil partnership registrar (within the meaning of Chapter 1 of Part 2 of the Civil Partnership Act 2004 — see section 29 of that Act).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

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.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources