The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015

PART 3 Disclosure of information etc for immigration purposes etc

Disclosures by registration officials

7.—(1) A registration official may—

(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 3F of the 1977 Act, or

(ii) the referral of proposed civil partnerships to the Secretary of State under section 88F of the 2004 Act.

(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(1) (bail);

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

(e) such other purposes as may be specified by the Secretary of State by order under section 54(6) of the 2014 Act.

8.  A registration official may disclose to another registration official—

(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(2), 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 State

9.—(1) The Secretary of State may—

(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 intention to marry under section 3 of the 1977 Act, or

(ii) notice of intention to enter civil partnership under section 88 of the 2004 Act;

(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.

(1)

1999 c. 33.

(2)

Subsection (4) of section 24 was amended by S.I. 2008/678; subsection (5) was substituted and subsection (6) inserted by section 55 of the Immigration Act 2014 (c. 22). Section 24A was inserted by section 261 of, and paragraph 162 of Schedule 27 to, the Civil Partnership Act 2004 (c. 33); subsection (4) was amended by S.I. 2008/678; and subsection (5) substituted and subsection (6) inserted by section 55 of the Immigration Act 2014.