# Immigration Act 2014

        - Previous
        - Next

U.K.

# 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:—                        

Modifications etc. (not altering text)

C1Act extended in part (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Jersey) Order 2021 (S.I. 2021/1281), art. 12, Sch. 10, **Sch. 10A** (with art. 16)

## **PART 1**U.K.Removal and other powers

### RemovalU.K.

#### 1Removal of persons unlawfully in the United KingdomU.K.

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.”                  

Modifications etc. (not altering text)

C2S. 1 extended (Isle of Man) (with modifications) (31.12.2020) by S.I. 2008/680, art. 22(2), Sch. 9A (as amended by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, **5**, 12)

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 etcU.K.

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—                  
          -  “child” means a person who is aged under 18;                         
          -  references to a person being removed from or required to leave the United Kingdom are to the person being removed or required                              to leave in accordance with a provision of the Immigration Acts.”                         

Commencement Information

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

#### 3Independent Family Returns PanelU.K.

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—                  
          -  “child” means a person who is under the age of 18;                         
          -  “pre-departure accommodation” has the same meaning as in Part 8 of the Immigration and Asylum Act 1999;                         
          -  references to a person being removed from or required to leave the United Kingdom are to the person being removed or required                              to leave in accordance with a provision of the Immigration Acts.”                         

Commencement Information

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

### Powers of immigration officersU.K.

#### 4Enforcement powersU.K.

Schedule 1 (enforcement powers) has effect.

Commencement Information

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

### Detention and bailU.K.

#### 5Restrictions on detention of unaccompanied childrenU.K.

(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—                  
          -  “relevant 24 hour period”, in relation to the detention of a child in a short-term holding facility, means the period of 24 hours starting when the                              child was detained (or, in a case falling within sub-paragraph (5), first detained) in a short-term holding facility;                         
          -  “short-term holding facility” has the same meaning as in Part 8 of the Immigration and Asylum Act 1999;                         
          -  “unaccompanied child” means a person—                          (a)
who is under the age of 18, and                                 
(b)
who is not accompanied (whilst in detention) by his or her parent or another individual who has care of him or her.”                                 
 

Commencement Information

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

#### 6Pre-departure accommodation for familiesU.K.

(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.”                  

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 directionsU.K.

(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.”                  

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)**

### BiometricsU.K.

#### 8Provision of biometric information with immigration applicationsU.K.

(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),”.                  

Modifications etc. (not altering text)

C3S. 8 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Information) (Jersey) Order 2018 (S.I. 2018/1358), art. 4, **Sch. 3**

C4S. 8 extended (Isle of Man) (with modifications) by S.I. 2008/680, art. 22, Sch. 9A (as amended (14.3.2019) by The Immigration (Isle of Man) (Amendment) Order 2019 (S.I. 2019/562), arts. 1, **9**, 18 and as further amended (31.12.2020) by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, **5**, 12)

Commencement Information

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

#### 9Identifying persons liable to detentionU.K.

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 ”.                  

Modifications etc. (not altering text)

C5S. 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**

C6S. 9 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2020 (S.I. 2020/1560), arts. 1(1), 5, Sch. 4, **Sch. 4A**

Commencement Information

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

#### 10Provision of biometric information with citizenship applicationsU.K.

(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) ”.                  

Commencement Information

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

#### 11Biometric immigration documentsU.K.

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.”                  

Modifications etc. (not altering text)

C7S. 11 extended (Isle of Man) (with modifications) by S.I. 2008/680, art. 22, **Sch. 9A** (as amended: (14.3.2019) by S.I. 2019/562, arts. 1, **9**, 18; (31.12.2020) by S.I. 2020/1214, arts. 1, **5**, 12; (11.11.2021) by S.I. 2021/1277, arts. 1(2), **6**)

Commencement Information

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

#### 12Meaning of “biometric information”U.K.

(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.                  

Modifications etc. (not altering text)

C8S. 12 extended (Isle of Man) (with modifications) by S.I. 2008/680, art. 22, **Sch. 9A** (as amended (14.3.2019) by The Immigration (Isle of Man) (Amendment) Order 2019 (S.I. 2019/562), arts. 1, **9**, 18 and as further amended (31.12.2020) by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, **5**, 12)

C9S. 12 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2020 (S.I. 2020/1560), arts. 1(1), 5, Sch. 4, **Sch. 4A**

C10S. 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 childrenU.K.

(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).”                  

Modifications etc. (not altering text)

C11S. 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**

C12S. 13 extended (Isle of Man) (with modifications) by S.I. 2008/680, art. 22, Sch. 9A (as amended (14.3.2019) by The Immigration (Isle of Man) (Amendment) Order 2019 (S.I. 2019/562), arts. 1, **9**, 18 and as further amended (31.12.2020) by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, **5**, 12)

C13S. 13 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2020 (S.I. 2020/1560), arts. 1(1), 5, Sch. 4, **Sch. 4A**

Commencement Information

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

#### 14Use and retention of biometric informationU.K.

(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.”                  

Modifications etc. (not altering text)

C14S. 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**

C15S. 14 extended (Isle of Man) (with modifications) by S.I. 2008/680, art. 22, Sch. 9A (as amended (14.3.2019) by The Immigration (Isle of Man) (Amendment) Order 2019 (S.I. 2019/562), arts. 1, **9**, 18 and as further amended (31.12.2020) by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, **5**, 12)

C16S. 14(3) extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Information) (Jersey) Order 2018 (S.I. 2018/1358), art. 4, **Sch. 3**

Commencement Information

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

## **PART 2**U.K.Appeals etc

### 15Right of appeal to First-tier TribunalU.K.

(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.”                  

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 reviewU.K.

(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—                  
          -  “administrative review” means review conducted under the immigration rules;                         
          -  “case working error” has the meaning given in the immigration rules;                         
          -  the “Chief Inspector” means the Chief Inspector established under section 48 of the UK Borders Act 2007;                         
          -  “immigration rules” has the same meaning as in the Immigration Act 1971.                         

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 continuedU.K.

(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.”                  

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 CommissionU.K.

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.”                  

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 considerationsU.K.

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

#### **“PART 5A**U.K.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—                  
          -  “Article 8” means Article 8 of the European Convention on Human Rights;                         
          -  “qualifying child” means a person who is under the age of 18 and who—                          (a)
is a British citizen, or                                 
(b)
has lived in the United Kingdom for a continuous period of seven years or more;                                 
 
          -  “qualifying partner” means a partner who—                          (a)
is a British citizen, or                                 
(b)
who is settled in the United Kingdom (within the meaning of the Immigration Act 1971 — see section 33(2A) of that Act).                                 
 

(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.”                  

Commencement Information

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

## **PART 3**U.K.Access to services etc

### CHAPTER 1U.K.Residential tenancies

#### Key interpretationU.K.

##### 20Residential tenancy agreementU.K.

(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.                  

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 rentU.K.

(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, F1...                  

F1(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

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

(a)a British citizen,                  

[F2(aa)an Irish citizen, or                  

(ab)a person who is not an Irish citizen and who has leave to enter or remain in the United Kingdom which was granted by virtue                           of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement)                           Act 2020.]                  

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

Textual Amendments

F1S. 21(4)(b)(ii) and word omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory                                 Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), **20(2)(a)**

F2S. 21(5)(aa)(ab) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory                                 Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), **20(2)(b)(i)**

F3S. 21(5)(b)(c) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory                                 Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), **20(2)(b)(ii)**

Modifications etc. (not altering text)

C17S. 21 applied (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), **3(4)**, 4(5), 12(1)(n)

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 noticesU.K.

##### 22Persons disqualified by immigration status not to be leased premisesU.K.

(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—                  
          -  “post-grant contravention” means a contravention in the second case mentioned in subsection (5);                         
          -  “pre-grant contravention” means a contravention in the first case mentioned in subsection (4);                         
          -  “relevant occupier”, in relation to a residential tenancy agreement, means any adult who occupies premises under the agreement (whether or not                           named in the agreement).                         

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: landlordsU.K.

(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).                  

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 landlordsU.K.

(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.                  

Modifications etc. (not altering text)

C18S. 24 modified (1.12.2014) by The Immigration (Residential Accommodation) (Prescribed Cases) Order 2014 (S.I. 2014/2873), arts. 1, 7, **Sch. paras. 3**

C19S. 24 modified (1.12.2014) by The Immigration (Residential Accommodation) (Prescribed Cases) Order 2014 (S.I. 2014/2873), arts. 1, 6, **Sch. paras. 1**

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: agentsU.K.

(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).                  

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 agentsU.K.

(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.                  

Modifications etc. (not altering text)

C20S. 26 modified (1.12.2014) by The Immigration (Residential Accommodation) (Prescribed Cases) Order 2014 (S.I. 2014/2873), arts. 1, 7, **Sch. paras. 4**

C21S. 26 modified (1.12.2014) by The Immigration (Residential Accommodation) (Prescribed Cases) Order 2014 (S.I. 2014/2873), arts. 1, 6, **Sch. paras. 2**

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 periodU.K.

(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)—                  
          -  “leave period” means a period for which the limited right occupier was granted leave to enter or remain in the United Kingdom;                         
          -  “validity period” means the period for which an immigration document issued to the limited right occupier by or on behalf of the Secretary                           of State is valid.                         

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

F4(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

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

Textual Amendments

F4S. 27(6)(a) and word omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory                                 Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), **20(3)**

Modifications etc. (not altering text)

C22S. 27 applied (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), **3(4)**, 4(5), 12(1)(o)

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: generalU.K.

(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.                  

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 enforcementU.K.

##### 29ObjectionU.K.

(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.                  

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)**

##### 30AppealsU.K.

(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.                  

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)**

##### 31EnforcementU.K.

(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.                  

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 practiceU.K.

##### 32General mattersU.K.

(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.                  

Commencement Information

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

##### 33DiscriminationU.K.

(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.                  

Commencement Information

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

#### [F5OffencesU.K.

Textual Amendments

F5Ss. 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: landlordsU.K.

(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: agentsU.K.

(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 etcU.K.

(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 [F6paragraph 24(2) of Schedule 22 to the Sentencing Act 2020] 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).]                  

Textual Amendments

F6Words in s. 33C(2) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), **Sch. 24 para. 443(1)** (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

#### [F7EvictionU.K.

Textual Amendments

F7Ss. 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 disqualifiedU.K.

(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.                  

Modifications etc. (not altering text)

C23S. 33D(3) modified (1.12.2016) by The Immigration (Residential Accommodation) (Termination of Residential Tenancy Agreements) (Guidance etc.) Regulations 2016                                 (S.I. 2016/1060), regs. 1(1), 3, **Sch.**

##### 33EOther procedures for ending agreementU.K.

(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.]                  

#### GeneralU.K.

##### 34OrdersU.K.

(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.                  

Commencement Information

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

##### 35Transitional provisionU.K.

(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.                  

[F8(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.]                  

[F9(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).]                  

Textual Amendments

F8S. 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)

F9S. 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)

C24S. 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 applicationU.K.

This Chapter binds the Crown, except where the Crown is the responsible landlord for the purposes of section 23 [F10or the landlord for the purposes of section 33A.]                   

Textual Amendments

F10Words 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)**

##### 37InterpretationU.K.

(1)In this Chapter—                  
          -  “adult” means a person who has attained the age of 18;                         
          -  “agreement” includes an agreement in any form (whether or not in writing);                         
          -  “eligibility period”, in relation to a limited right occupier, is to be read in accordance with section 27;                         
          -  “limited right occupier” has the meaning given in section 24(9);                         
          -  “occupy” means occupy as an only or main residence;                         
          -  “penalty notice” means a penalty notice given under this Chapter;                         
          -  “person with a limited right to rent” has the meaning given in section 21(4);                         
          -  “post-grant contravention” has the meaning given in section 22(10);                         
          -  “pre-grant contravention” has the meaning given in section 22(10);                         
          -  “premises” includes land, buildings, moveable structures, vehicles and vessels;                         
          -  “prescribed” means prescribed in an order made by the Secretary of State;                         
          -  “recipient” means the recipient of a penalty notice;                         
          -  “relevant occupier” has the meaning given in section 22(10);                         
          -  “residential tenancy agreement” has the meaning given in section 20(2).                         

(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), F11...                  

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

[F12(iv)section 33A,]                  

[F13(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.                  

Textual Amendments

F11Word 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)

F12S. 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)

F13S. 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 2U.K.Other services etc

#### National Health ServiceU.K.

##### 38Immigration health chargeU.K.

(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—                  
          -  “entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971;                         
          -  “health services” means services provided as part of the health service in England, Wales, Scotland and Northern Ireland;                         

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.                  

Commencement Information

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

##### 39Related provision: charges for health servicesU.K.

(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 [F14unless that leave was granted by virtue of residence scheme immigration rules].                  

(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).                  

[F15(3)For the purposes of subsection (1) “residence scheme immigration rules” has the meaning given by section 17 of the European                           Union (Withdrawal Agreement) Act 2020.]                  

Textual Amendments

F14Words in s. 39(1)(b) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory                                 Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), **20(4)(a)**

F15S. 39(3) inserted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory                                 Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2), **20(4)(b)**

Commencement Information

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

#### Bank accountsU.K.

##### 40Prohibition on opening current accounts for disqualified personsU.K.

(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)—                  
          -  “anti-fraud organisation” has the same meaning as in section 68 of the Serious Crime Act 2007;                         
          -  “data-matching authority” means a person or body conducting data matching exercises, within the meaning of Schedule 9 to the Local Audit and Accountability                           Act 2014, under or by virtue of that or any other Act;                         
          -  “specified” means specified by an order made by the Secretary of State for the purposes of this section.                         

(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.                  

[F16(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.]                  

Textual Amendments

F16S. 40(7) inserted (12.12.2014) by The Immigration Act 2014 (Bank Accounts) (Amendment) Order 2014 (S.I. 2014/3074), arts. 1, **2**

Commencement Information

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

##### [F1740ARequirement to carry out immigration checks in relation to current accountsU.K.

(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).                  

Textual Amendments

F17Ss. 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 personsU.K.

(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.                  

Textual Amendments

F17Ss. 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 notificationU.K.

(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.                  

Textual Amendments

F17Ss. 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 ordersU.K.

(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—                  
          -  “the court” means—                          (a)
in England and Wales, a magistrates' court;                                 
(b)
in Scotland, the sheriff;                                 
(c)
in Northern Ireland, a court of summary jurisdiction;                                 
 
          -  “the disqualified person” means the person who, following a check under section 40C(1), was determined to be a disqualified person, resulting in the                              application for the freezing order.                         

Textual Amendments

F17Ss. 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: appealsU.K.

(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.                  

Textual Amendments

F17Ss. 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 practiceU.K.

(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.                  

Textual Amendments

F17Ss. 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 orderU.K.

(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.                  

Textual Amendments

F17Ss. 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: interpretationU.K.

(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).]                  

Textual Amendments

F17Ss. 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 AuthorityU.K.

(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 [F18and 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 [F19or 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.                  

Textual Amendments

F18Words 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)

F19Words 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”U.K.

(1)In sections 40 [F20to 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;                  

F21(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

(3)A reference in subsection (2) to a person F22... with permission to accept deposits does not include a person F22... 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 [F23to 41] , and in subsection (4), “building society” means a building society incorporated (or deemed to be incorporated) under the Building Societies Act 1986.                  

Textual Amendments

F20Words 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)

F21S. 42(2)(b) omitted (31.12.2020) by virtue of The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), **21(4)(a)**; 2020 c. 1, Sch. 5 para. 1(1)

F22Words in s. 42(3) omitted (31.12.2020) by virtue of The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), **21(4)(b)**; 2020 c. 1, Sch. 5 para. 1(1)

F23Words 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 amendU.K.

(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) [F24or the requirement in section 40A(1)] applies;                  

(c)to include provision defining a category of account specified in [F25section 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.                  

Textual Amendments

F24Words 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)

F25Words 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)**

#### WorkU.K.

##### 44Appeals against penalty noticesU.K.

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.”                  

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 noticesU.K.

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.”                  

Commencement Information

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

#### Driving licencesU.K.

##### 46Grant of driving licences: residence requirementU.K.

(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.”                  

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 statusU.K.

(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.”                  

Commencement Information

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

## **PART 4**U.K.Marriage and civil partnership

### CHAPTER 1U.K.Referral and investigation of proposed marriages and civil partnerships

#### InvestigationU.K.

##### 48Decision whether to investigateU.K.

(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.                  

[F26(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.]                  

[F27(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 [F28referred 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, F29...                  

(b)the superintendent registrar who referred the proposed marriage to the Secretary of State [F30, and                  

(c)if different, the superintendent registrar responsible for issuing the marriage schedule under section 31 of the Marriage                           Act 1949 in relation to the proposed marriage.]                  

(8)In the case of a proposed civil partnership [F31referred 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.                  

[F32(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.]                  

[F33(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.                  

Textual Amendments

F26S. 48(1A) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions)                                 Order 2015 (S.I. 2015/395), art. 1(2), **Sch. 4 para. 2(a)** (with art. 1(3))

F27S. 48(1B) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), **Sch. 4 para. 2(a)** (with art. 1(3))

F28Words in s. 48(7) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions)                                 Order 2015 (S.I. 2015/395), art. 1(2), **Sch. 4 para. 2(b)** (with art. 1(3))

F29Word in s. 48(7)(a) omitted (4.5.2021) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), **Sch. 1 para. 62(2)(a)** (with Sch. 2)

F30S. 48(7)(c) and word inserted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), **Sch. 1 para. 62(2)(b)** (with Sch. 2)

F31Words in s. 48(8) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions)                                 Order 2015 (S.I. 2015/395), art. 1(2), **Sch. 4 para. 2(c)** (with art. 1(3))

F32S. 48(8A)(8B) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions)                                 Order 2015 (S.I. 2015/395), art. 1(2), **Sch. 4 para. 2(d)** (with art. 1(3))

F33S. 48(8C)(8D) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), **Sch. 4 para. 2(b)** (with art. 1(3))

Commencement Information

I62S. 48 in force at 1.3.2015 by S.I. 2015/371, **art. 2(1)(a)**

##### 49Exempt personsU.K.

(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—                  

F34(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

(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).                  

[F35(2A)“Retained enforceable EU right” means a right that—                  

(a)was created or arose by or under the EU Treaties before the coming into force of this subsection, and                  

(b)forms part of retained EU law by virtue of section 3 or 4 of the European Union (Withdrawal) Act 2018,                  

as that right is modified from time to time.]                  

(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.                  

Textual Amendments

F34S. 49(2)(a) omitted (1.7.2021) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory                                 Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(c), **20(5)**

F35S. 49(2A) inserted (31.12.2020) by The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), **21(5)(b)**; 2020 c. 1, Sch. 5 para. 1(1)

Modifications etc. (not altering text)

C25S. 49 applied by 2004 c. 33, s. 139A(9) (as inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions)                                 Order 2015 (S.I. 2015/395), art. 1(2), **Sch. 3 para. 2** (with art. 1(3)))

C26S. 49 applied by 1977 c. 35, s. 3A(10) (as inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), **Sch. 1 para. 2** (with art. 1(3)))

C27S. 49 applied by 2004 c. 33, s. 88A(9) (as inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), **Sch. 3 para. 2** (with art. 1(3)))

C28S. 49 applied by S.I. 2003/413 (N.I. 3), Sch. 1 para. 3A(9) (as inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions)                                 Order 2015 (S.I. 2015/395), art. 1(2), **Sch. 1 para. 3** (with art. 1(3)))

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 investigationU.K.

(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—                  
          -  “70 day period” means the period of 70 days beginning with the day on which the relevant statutory period begins;                         
          -  “investigation” means an investigation, conducted following a decision by the Secretary of State under section 48, whether a proposed marriage                           or civil partnership is a sham;                         
          -  “relevant party” means a person who is a party to a proposed marriage or civil partnership that is the subject of an investigation;                         
          -  “relevant requirement” [F36in relation to a proposed marriage or civil partnership under the law of England and Wales,] means any requirement imposed by law, including a requirement imposed by or in accordance with—                          (a)
subsection (3);
(b)
section 27E, 28B or 28C of the Marriage Act 1949;
(c)
regulations under section 28D of that Act;
(d)
section 8A, or any of sections 9 to 9B, of the Civil Partnership Act 2004.
 
          -  [F37“relevant requirement” in relation to a proposed marriage or civil partnership under the law of Northern Ireland, means any                              requirement imposed by law, including a requirement imposed by or in accordance with—                          (a)
subsection (3);                                 
(b)
regulations under paragraph 4 of Schedule 5;                                 
(c)
Article 3A or 3B of the Marriage (Northern Ireland) Order 2003;                                 
(d)
Article 5 of the Marriage (Northern Ireland) Order 2003 so far as that requirement relates to nationality;                                 
(e)
section 139A or 139B of the Civil Partnership Act 2004;                                 
(f)
section 141 of the Civil Partnership Act 2004 so far as that requirement relates to nationality*.]*                                  
 
          -  [F38“relevant requirement” in relation to a proposed marriage or civil partnership under the law of Scotland, means any requirement                              imposed by law including a requirement imposed by or in accordance with—                          (a)
subsection (3);                                 
(b)
regulations under paragraph 4 of Schedule 5;                                 
(c)
section 3(4A), 3A or 3B of the Marriage (Scotland) Act 1977;                                 
(d)
section 88(8), 88A or 88B of the Civil Partnership Act 2004.]                                  
 

Textual Amendments

F36Words in s. 50(11) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions)                                 Order 2015 (S.I. 2015/395), art. 1(2), **Sch. 4 para. 3(a)** (with art. 1(3))

F37Words in s. 50 inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions)                                 Order 2015 (S.I. 2015/395), art. 1(2), **Sch. 4 para. 3(b)** (with art. 1(3))

F38Words in s. 50(11) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), **Sch. 4 para. 3**

Commencement Information

I65S. 50 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, **art. 3(b)**

I66S. 50 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, **art. 2(1)(c)**

##### 51Investigations: supplementaryU.K.

(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.                  

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)**

#### ReferralU.K.

##### 52Referral of proposed marriages and civil partnerships in England and WalesU.K.

Schedule 4 (referral of proposed marriages and civil partnerships in England and Wales) has effect.

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 IrelandU.K.

##### 53Extension of scheme to Scotland and Northern IrelandU.K.

(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—                  
          -  “duty of referral” means a duty to refer a proposed marriage or proposed civil partnership to the Secretary of State in a case where—                          (a)
one of the parties is not an exempt person, or
(b)
both of the parties are not exempt persons;
 
          -  “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, Northern Ireland legislation;
 
          -  “referral and investigation scheme” means the provision made by sections 48 to 51.                         

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 provisionU.K.

(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.                  

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 2U.K.Sham marriage and civil partnership

#### 55Meaning of “sham marriage” and “sham civil partnership”U.K.

(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)—                  
          -  “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;                                 
 
          -  “United Kingdom immigration law” includes any subordinate legislation concerning the right of relevant nationals to move between and reside in member States.”.                         

(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)—                  
          -  “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;                                 
 
          -  “United Kingdom immigration law” includes any subordinate legislation concerning the right of relevant nationals to move between and reside in member States.”.                         

Modifications etc. (not altering text)

C29S. 55 extended (Isle of Man) (with modifications) (31.12.2020) by S.I. 2008/680, art. 22(2), Sch. 9A (as amended by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, **5**, 12)

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 partnershipsU.K.

(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 3U.K.Other provisions

#### Persons not relevant nationals etc: marriage on superintendent registrar's certificatesU.K.

##### 57Solemnization of marriage according to rites of Church of EnglandU.K.

(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.”.                  

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 partnershipU.K.

(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).”.                  

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.

#### MiscellaneousU.K.

##### 60Regulations about evidenceU.K.

(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.                  

Commencement Information

I78S. 60 in force at 20.10.2014 by S.I. 2014/2771, **art. 3(i)**

##### 61NoticesU.K.

(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.                  

Commencement Information

I79S. 61 in force at 20.10.2014 by S.I. 2014/2771, **art. 3(j)**

##### 62Interpretation of this PartU.K.

(1)These expressions have the meanings given—                  
          -  “exempt person” has the meaning given in section 49;                         
          -  “registrar” means a registrar of births, deaths and marriages;                         
          -  “Registrar General” [F39means—                          (a)
in relation to regulations that apply to proposed marriages or civil partnerships under the law of England and Wales, the                                       Registrar General for England and Wales;                                 
(b)
in relation to regulations that apply to proposed marriages or civil partnerships under the law of Northern Ireland, the Registrar                                       General for Northern Ireland;                                 
(c)
[F40in relation to regulations that apply to proposed marriages or civil partnerships under the law of Scotland, the Registrar                                          General for Scotland.]]                                  
 
          -  “registration authority” has the same meaning as in the Civil Partnership Act 2004 (see section 28 of that Act);                         
          -  “relevant national” means—                          (a)
a British citizen,
(aa)
[F41an Irish citizen;                                 
(ab)
 a person who is not an Irish citizen who—                                  
(i)
has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within                                                the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020, or                                          
(ii)
is an applicant for the purposes of regulation 4 of the Citizens’ Rights (Application Deadline and Temporary Protection) (EU                                                Exit) Regulations 2020 (applications which have not been finally determined by the deadline) where the relevant period within                                                the meaning of that regulation has not expired;]                                          
(b)
F42...                                 
(c)
F42...                                 
 
          -  “relevant statutory period” means—                          (a)
in relation to a proposed marriage [F43under the law of England and Wales], the period—                                 
(i)
beginning the day after notice of the proposed marriage is [F44recorded in the marriage register] in accordance with Part 3 of the Marriage Act 1949, F45... and                                          
(ii)
ending at the end of the period of 28 days beginning with that day;
(aa)
[F46in relation to a proposed marriage under the law of Northern Ireland, the period—                                 
(i)
beginning the day on which the record of the proposed marriage is made in the marriage notice book in accordance with Article                                                4 of the Marriage (Northern Ireland) Order 2003; and                                          
(ii)
ending at the end of the period of 28 days beginning with that day;]                                          
(ab)
[F47in relation to a proposed marriage under the law of Scotland, the period—                                  
(i)
beginning the day after receipt by the district registrar of the marriage notice (as entered by the district registrar in                                                the marriage notice book in accordance with section 4(1) of the Marriage (Scotland) Act 1977), and                                          
(ii)
ending at the end of the period of 28 days beginning with that day;]                                          
(b)
in relation to a proposed civil partnership [F48under the law of England and Wales], the period—                                 
(i)
beginning the day after notice of the proposed civil partnership is recorded in the register in accordance with Chapter 1                                             of Part 2 of the Civil Partnership Act 2004, and                                          
(ii)
ending at the end of the period of 28 days beginning with that day;
(ba)
[F49in relation to a proposed civil partnership under the law of Northern Ireland, the period—                                  
(i)
beginning the day on which the record of the proposed civil partnership is made in the civil partnership notice book in accordance                                                with section 140(1) of the Civil Partnership Act 2004, and                                          
(ii)
ending at the end of the period of 28 days beginning with that day;]                                          
(bb)
[F50in relation to a proposed civil partnership under the law of Scotland, the period—                                  
(i)
beginning the day after the particulars of the proposed civil partnership are entered in the civil partnership book in accordance                                                with section 89(1) of the Civil Partnership Act 2004, and                                          
(ii)
ending at the end of the period of 28 days beginning with that day;]                                          
 
          -  [F51“section 48 notice” means—                           (a)
in relation to a proposed marriage or civil partnership under the law of England and Wales, a notice given under section 48(7)                                       or (8),                                 
(b)
in relation to a proposed marriage or civil partnership under the law of Northern Ireland, a notice given under section 48(8A)                                       or (8B),                                 
(c)
[F52in relation to a proposed marriage or civil partnership under the law of Scotland, a notice given under section 48(8C) or                                          (8D);]]                                 
 
          -  “superintendent registrar” means a superintendent registrar of births, deaths and marriages.                         

(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.                  

Textual Amendments

F39Words in s. 62(1) substituted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions)                                 Order 2015 (S.I. 2015/395), art. 1(2), **Sch. 4 para. 4(a)**

F40Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), **Sch. 4 para. 4(2)**

F41Words in s. 62(1) inserted (1.7.2021) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory                                 Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(c), **20(6)(a)**

F42Words in s. 62(1) omitted (1.7.2021) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory                                 Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(c), **20(6)(b)**

F43Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions)                                 Order 2015 (S.I. 2015/395), art. 1(2), **Sch. 4 para. 4(b)(i)**

F44Words in s. 62 substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), **Sch. 1 para. 62(3)(a)** (with Sch. 2)

F45Words in s. 62 omitted (4.5.2021) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), **Sch. 1 para. 62(3)(b)** (with Sch. 2)

F46Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions)                                 Order 2015 (S.I. 2015/395), art. 1(2), **Sch. 4 para. 4(b)(ii)**

F47Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), **Sch. 4 para. 4(3)(a)** (with art. 1(4))

F48Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions)                                 Order 2015 (S.I. 2015/395), art. 1(2), **Sch. 4 para. 4(b)(iii)**

F49Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions)                                 Order 2015 (S.I. 2015/395), art. 1(2), **Sch. 4 para. 4(b)(iv)**

F50Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), **Sch. 4 para. 4(3)(b)** (with art. 1(5))

F51Words in s. 62(1) substituted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions)                                 Order 2015 (S.I. 2015/395), art. 1(2), **Sch. 4 para. 4(c)**

F52Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), **Sch. 4 para. 4(4)**

## **PART 5**U.K.Oversight

### Office of the Immigration Services CommissionerU.K.

#### 63Immigration advisers and immigration service providersU.K.

Schedule 7 (immigration advisers and immigration service providers) has effect.

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 IrelandU.K.

#### 64Police Ombudsman for Northern IrelandU.K.

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.).”                  

Commencement Information

I83S. 64 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(s)**

## **PART 6**U.K.Miscellaneous

### CitizenshipU.K.

#### 65Persons unable to acquire citizenship: natural father not married to motherU.K.

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—                  
          -  “British subject” has any meaning which it had for the purposes of the British Nationality and Status of Aliens Act 1914;                         
          -  “independence legislation” means an Act of Parliament or any subordinate legislation (within the meaning of the Interpretation Act 1978) forming part                              of the law in the United Kingdom (whenever passed or made, and whether or not still in force)—                          (a)
providing for a country or territory to become independent from the United Kingdom, or                                 
(b)
dealing with nationality, or any other ancillary matters, in connection with a country or territory becoming independent from                                       the United Kingdom;                                 
 
          -  “P's nationality loss” means P's—                          (a)
ceasing to be a British subject or citizen of the United Kingdom and Colonies (as mentioned in subsection (2)(a)), or                                 
(b)
not becoming a citizen of the United Kingdom and Colonies (as mentioned in subsection (2)(b)).                                 
 

##### 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.”                  

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 UKU.K.

(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—                  
          -  “initial one year period” means the period of one year beginning with the day when section 40(4A) comes into force;                         
          -  “subsequent three year period” means a period of three years beginning with the first day after the most recent of—                          (a)
the initial one year period, or                                 
(b)
the most recent subsequent three year period.”                                 
 

Commencement Information

I85S. 66 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(t)**

### Embarkation checksU.K.

#### 67Embarkation checksU.K.

Schedule 8 (embarkation checks) has effect.

Modifications etc. (not altering text)

C30S. 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))

C31S. 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)**

### FeesU.K.

#### 68FeesU.K.

(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—                  
          -  “costs” includes—                          (a)
the costs of the Secretary of State, and
(b)
the costs of any other person (whether or not funded from public money);
 
          -  “fees order” has the meaning given by subsection (2);                         
          -  “fees regulations” has the meaning given by subsection (7);                         
          -  “function” includes a power or a duty;                         
          -  “function in connection with immigration or nationality” includes a function in connection with an enactment (including an enactment of a jurisdiction outside the United Kingdom)                           that relates wholly or partly to immigration or nationality;                         
          -  “specified” means specified in a fees order.                         

(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.                  

Modifications etc. (not altering text)

C32Ss. 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.**

C33Ss. 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.**

C34S. 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) (as amended (14.3.2019) by The Immigration (Isle of Man) (Amendment) Order 2019 (S.I. 2019/562), arts. 1, **5**, 9, 18 and as further amended (31.12.2020) by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, **5**, 12)

Commencement Information

I87S. 68 in force at 15.12.2014 by S.I. 2014/2771, **art. 8(a)**

#### 69Fees orders and fees regulations: supplementalU.K.

(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.                  

Modifications etc. (not altering text)

C32Ss. 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.**

C33Ss. 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.**

C35S. 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) (as amended (14.3.2019) by The Immigration (Isle of Man) (Amendment) Order 2019 (S.I. 2019/562), **arts. 1**, 5, 9, 18 and further amended (31.12.2020) by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, **5**, 12)

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 casesU.K.

(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.                  

Modifications etc. (not altering text)

C32Ss. 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.**

C33Ss. 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.**

C36S. 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) (as amended (14.3.2019) by The Immigration (Isle of Man) (Amendment) Order 2019 (S.I. 2019/562), arts. 1, **5**, 9, 18 and further amended (31.12.2020) by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, **5**, 12)

Commencement Information

I89S. 70 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(v)** (with art. 7)

#### [F5370AImmigration skills chargeU.K.

(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;                  

[F54(aa)an Irish citizen;]                  

[F55(b)a person who has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules.]                  

F56(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

F56(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                  

(7)In this section “entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971 [F57and “residence scheme immigration rules” has the meaning given by section 17 of the European Union (Withdrawal Agreement)                              Act 2020] .]                  

Textual Amendments

F53S. 70A inserted (12.7.2016) by Immigration Act 2016 (c. 19), **ss. 85(2)**, 94(4)

F54S. 70A(6)(aa) inserted (1.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory                                 Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(b), **20(7)(a)(i)** (with reg. 20(8))

F55S. 70A(6)(b) substituted (1.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory                                 Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(b), **20(7)(a)(ii)** (with reg. 20(8))

F56S. 70A(6)(c)(d) omitted (1.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory                                 Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(b), **20(7)(a)(iii)** (with reg. 20(8))

F57Words in s. 70A(7) inserted (1.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory                                 Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(b), **20(7)(b)** (with reg. 20(8))

Modifications etc. (not altering text)

C37S. 70A applied (with modifications) (31.12.2020) by The Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (S.I. 2020/1209), regs. 1(1), **3(4)**, 4(5), 12(1)(p)

### Welfare of childrenU.K.

#### 71Duty regarding the welfare of childrenU.K.

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).                  

Commencement Information

I90S. 71 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(w)**

## **PART 7**U.K.Final provisions

### 72Financial provisionU.K.

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 provisionU.K.

(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.                  

Modifications etc. (not altering text)

C38S. 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))

C39S. 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)

C40S. 73(6) extended (Jersey) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Information) (Jersey) Order 2018 (S.I. 2018/1358), **art. 4(d)**

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)**

I101S. 73(6) in force at 1.7.2021 for specified purposes by S.I. 2021/771, **reg. 2(a)**

### 74Orders and regulationsU.K.

(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;                  

[F58(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);                  

[F59(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.                  

Textual Amendments

F58S. 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)

F59S. 74(2)(ja) inserted (12.7.2016) by Immigration Act 2016 (c. 19), **ss. 85(3)**, 94(4)

### 75CommencementU.K.

(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.                  

### 76ExtentU.K.

(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).                  

Modifications etc. (not altering text)

C41S. 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 titleU.K.

This Act may be cited as the Immigration Act 2014.

Modifications etc. (not altering text)

C42S. 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**

C43S. 77 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2020 (S.I. 2020/1560), arts. 1(1), 5, Sch. 4, **Sch. 4A**

# SCHEDULES

 Section 4

## SCHEDULE 1U.K.Enforcement powers

### Power to escort detained personsU.K.

1U.K.In 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 ”.

Commencement Information

I102Sch. 1 para. 1 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(y)**

### Power to search detained personsU.K.

2(1)In Schedule 2 to the Immigration Act 1971, after paragraph 18 insert—U.K.

“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.”                  

F60(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 ”.

F61(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 ”.

Textual Amendments

F60Sch. 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))

F61Sch. 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

I103Sch. 1 para. 2 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(y)**

### Entry and search of premisesU.K.

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.U.K.

(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.”                  

Commencement Information

I104Sch. 1 para. 3 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(y)**

4U.K.In sections 28J(11) and 28K(14) of the Immigration Act 1971 (warrants - safeguards and execution) after “paragraph 17(2)”                        insert “ or 25A(6A) ”.

Commencement Information

I105Sch. 1 para. 4 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(y)**

### General power to use reasonable forceU.K.

5U.K.In 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 ”.

Commencement Information

I106Sch. 1 para. 5 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(y)**

 Section 12

## SCHEDULE 2U.K.Meaning of biometric information

Modifications etc. (not altering text)

C44Sch. 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**

C45Sch. 2 extended (Guernsey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Guernsey) Order 2020 (S.I. 2020/1560), arts. 1(1), 5, Sch. 4, **Sch. 4A**

### Immigration Act 1971 (c. 77)U.K.

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

(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) ”.

Commencement Information

I107Sch. 2 para. 1 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(z)**

### Immigration and Asylum Act 1999 (c. 33)U.K.

2(1)Section 144 of the Immigration and Asylum Act 1999 (provision for collecting physical data other than fingerprints) is amended                        as follows.U.K.

(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.”                  

Commencement Information

I108Sch. 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)U.K.

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.U.K.

(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).

Modifications etc. (not altering text)

C46Sch. 2 para. 3 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Information) (Jersey) Order 2018 (S.I. 2018/1358), art. 4, **Sch. 3**

Commencement Information

I109Sch. 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.U.K.

(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).

Modifications etc. (not altering text)

C47Sch. 2 para. 4 extended (Jersey) (with modifications) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Information) (Jersey) Order 2018 (S.I. 2018/1358), art. 4, **Sch. 3**

Commencement Information

I110Sch. 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)U.K.

5U.K.In 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—

“(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;”.                  

Commencement Information

I111Sch. 2 para. 5 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(z)**

 Section 20

## SCHEDULE 3U.K.Excluded residential tenancy agreements

### Social housingU.K.

1(1)An agreement that grants a right of occupation in social housing.U.K.

(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.

Commencement Information

I112Sch. 3 para. 1 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, **art. 6(1)(m)**

I113Sch. 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.U.K.

(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.

Commencement Information

I114Sch. 3 para. 2 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, **art. 6(1)(m)**

I115Sch. 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 homesU.K.

3(1)An agreement that grants a right of occupation in a care home.U.K.

(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;

[F62(aa)premises in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care                           (Wales) Act 2016 (anaw 2) is provided wholly or mainly to persons aged 18 or over;]

(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)).

Textual Amendments

F62Sch. 3 para. 3(2)(aa) inserted (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195), **regs. 2(1)**, 46(b)

Commencement Information

I116Sch. 3 para. 3 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, **art. 6(1)(m)**

I117Sch. 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 hospicesU.K.

4(1)An agreement that grants a right of occupation of accommodation in a hospital or hospice.U.K.

(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.

Commencement Information

I118Sch. 3 para. 4 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, **art. 6(1)(m)**

I119Sch. 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 provisionU.K.

5(1)An agreement—U.K.

(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.

Commencement Information

I120Sch. 3 para. 5 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, **art. 6(1)(m)**

I121Sch. 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 refugesU.K.

6(1)An agreement that grants a right of occupation of accommodation in a hostel or refuge.U.K.

(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—
          -  “government department” includes—                          (a)
any part of the Scottish Administration;
(b)
a Northern Ireland department;
(c)
the Welsh Assembly Government;
(d)
any body or authority exercising statutory functions on behalf of the Crown;
 
          -  “registered housing association” means—                          (a)
a private registered provider of social housing;
(b)
a registered social landlord within the meaning of Part 1 of the Housing Act 1996 or section 165 of the Housing (Scotland)                                    Act 2010;                                 
(c)
a housing association which is registered in a register maintained under Article 14 of the Housing (Northern Ireland) Order                                    1992 (S.I. 1992/1725 (N.I. 15));                                 
 
          -  “voluntary organisation” means a body, other than a public or local authority, whose activities are not carried on for profit.                         

Commencement Information

I122Sch. 3 para. 6 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, **art. 6(1)(m)**

I123Sch. 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 authoritiesU.K.

7(1)An agreement—U.K.

(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)).

Commencement Information

I124Sch. 3 para. 7 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, **art. 6(1)(m)**

I125Sch. 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 provisionsU.K.

8U.K.An 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—

(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).

Commencement Information

I126Sch. 3 para. 8 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, **art. 6(1)(m)**

I127Sch. 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 homesU.K.

9U.K.An agreement to which the Mobile Homes Act 1983 applies.

Commencement Information

I128Sch. 3 para. 9 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, **art. 6(1)(m)**

I129Sch. 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 accommodationU.K.

10(1)An agreement that grants a right of occupation of tied accommodation.U.K.

(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).

Commencement Information

I130Sch. 3 para. 10 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, **art. 6(1)(m)**

I131Sch. 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 accommodationU.K.

11(1)An agreement that grants a right of occupation in a building which—U.K.

(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)).

Commencement Information

I132Sch. 3 para. 11 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, **art. 6(1)(m)**

I133Sch. 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)**

12U.K.An 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).

Commencement Information

I134Sch. 3 para. 12 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, **art. 6(1)(m)**

I135Sch. 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 leasesU.K.

13(1)An agreement that—U.K.

(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.

Commencement Information

I136Sch. 3 para. 13 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, **art. 6(1)(m)**

I137Sch. 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)**

### InterpretationU.K.

14(1)This paragraph applies for the purposes of this Schedule.U.K.

(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.)).

Commencement Information

I138Sch. 3 para. 14 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, **art. 6(1)(m)**

I139Sch. 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 4U.K.Referral of proposed marriages and civil partnerships in England and Wales

### **PART 1**U.K.Marriage

#### IntroductionU.K.

1U.K.The Marriage Act 1949 is amended in accordance with this Part of this Schedule.

Commencement Information

I140Sch. 4 para. 1 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, **art. 3(e)**

I141Sch. 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 evidenceU.K.

2(1)Section 27 (notice of marriage) is amended in accordance with this paragraph.U.K.

(2)In subsection (3), after “surname,” insert “ the date of birth, ”.

(3)In subsection (4), for “27A” substitute “ 27ZA ”.

Commencement Information

I142Sch. 4 para. 2 in force at 1.3.2015 by S.I. 2015/371, **art. 2(1)(f)**

3(1)After section 27 insert—U.K.

##### “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—                  
          -  section 27A(2) or (3);                         
          -  section 27A(4);                         
          -  section 27B(2);                         
          -  section 27E(3) to (7);                         
          -  section 27E(8);                         
          -  section 28B(1);                         
          -  section 28C(4) or (6);                         

(b)the requirement imposed by section 19(2) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.”.                  

(2)Omit section 27A(5).

Commencement Information

I143Sch. 4 para. 3 in force at 1.3.2015 by S.I. 2015/371, **art. 2(1)(f)**

4U.K.After section 27D insert—

##### “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)—                  

(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).”.                  

Commencement Information

I144Sch. 4 para. 4 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, **art. 3(e)**

I145Sch. 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)**

5U.K.In section 28 (declaration to accompany notice of marriage), in subsection (1), after paragraph (c) insert—

“(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.”.                  

Commencement Information

I146Sch. 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.U.K.

(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).

Commencement Information

I147Sch. 4 para. 6 in force at 1.3.2015 by S.I. 2015/371, **art. 2(1)(f)**

7U.K.After section 28A insert—

##### “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—                  
          -  “relevant entry in section 27E(7)” means the second column of the last entry in the table in section 27E(7);                         
          -  “specified evidence” means evidence that is in accordance with regulations made under section 28G.                         

##### 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—                  
          -  “notified UK contact address” means an address in the United Kingdom, at which a person can be contacted by post, that has been notified in accordance                              with—                          (a)
section 27E(7) or 28C(6), or                                 
(b)
regulations under this section;                                 
 
          -  “notified usual address” means the usual address of a person that has been notified in accordance with—                          (a)
section 27E(7) or 28C(6), or                                 
(b)
regulations under 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.”.                  

Commencement Information

I148Sch. 4 para. 7 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, **art. 3(e)**

I149Sch. 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 StateU.K.

8U.K.After section 28G insert—

##### “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.”.                  

Commencement Information

I150Sch. 4 para. 8 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, **art. 3(e)**

I151Sch. 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)**

9U.K.Before Schedule 4 insert—

##### “SCHEDULE 3AU.K.Modifications if proposed marriage referred under section 28H

###### IntroductionU.K.

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—                  
          -  “2014 Act” means the Immigration Act 2014;                         
          -  “referred marriage” means the proposed marriage referred to the Secretary of State.                         

###### No certificate to be issued until decision about investigation etcU.K.

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—                  
          -  “70 day period” has the same meaning as in section 50 of the 2014 Act;                         
          -  “relevant statutory period” has the same meaning as in section 48 of the 2014 Act;                         
          -  “section 48 notice” means notice under section 48(7) of the 2014 Act;                         
          -  “section 50 notice” means notice under section 50(7) of the 2014 Act.                         

###### Marriage to be investigated: extension of waiting period to 70 daysU.K.

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 periodU.K.

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.”.                  

Commencement Information

I152Sch. 4 para. 9 in force at 1.3.2015 by S.I. 2015/371, **art. 2(1)(f)**

#### Notice periodU.K.

10(1)Section 31 (marriage under certificate without licence) is amended in accordance with this paragraph.U.K.

(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) ”.

Commencement Information

I153Sch. 4 para. 10 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, **art. 3(e)**

I154Sch. 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 certificatesU.K.

11(1)In section 31 (marriage under certificate without licence), at the end insert—U.K.

“(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—                  
          -  “evidence” includes a photograph or other image;                         
          -  “exempt person” has the same meaning as in section 28H;                         
          -  “relevant decision” means a decision of a superintendent registrar that a party to a proposed marriage is an exempt person.”.                         

(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)) ”.

Commencement Information

I155Sch. 4 para. 11 in force at 1.3.2015 by S.I. 2015/371, **art. 2(1)(f)**

#### CertificatesU.K.

12(1)Section 35 (marriage in registration district in which neither party resides) is amended in accordance with sub-paragraphs                        (2) and (3).U.K.

(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.

Commencement Information

I156Sch. 4 para. 12 in force at 1.3.2015 by S.I. 2015/371, **art. 2(1)(f)**

#### One party resident in ScotlandU.K.

13U.K.In 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 ”.

Commencement Information

I157Sch. 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 marriagesU.K.

14U.K.In section 48 (proof of certain matters not necessary to validity of marriages), in subsection (1)—

(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.”.                  

Commencement Information

I158Sch. 4 para. 14 in force at 1.3.2015 by S.I. 2015/371, **art. 2(1)(f)**

#### Regulations etcU.K.

15U.K.In section 74 (regulations), after subsection (2) insert—

“(3)Any order or regulations made under this Act may make different provision for different cases.”.                  

Commencement Information

I159Sch. 4 para. 15 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, **art. 3(e)**

I160Sch. 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)**

#### OffencesU.K.

16U.K.In section 75 (offences relating to solemnization of marriages), in subsection (3)(a), for “15 days” substitute “ 28 days ”.

Commencement Information

I161Sch. 4 para. 16 in force at 1.3.2015 by S.I. 2015/371, **art. 2(1)(f)**

#### Relevant nationalsU.K.

17U.K.In section 78 (interpretation of the 1949 Act), in subsection (1), after the definition of “registration district” insert—

““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;”.                  

Commencement Information

I162Sch. 4 para. 17 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, **art. 3(e)**

I163Sch. 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**U.K.Civil partnership

#### IntroductionU.K.

18U.K.The Civil Partnership Act 2004 is amended in accordance with this Part of this Schedule.

Commencement Information

I164Sch. 4 para. 18 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, **art. 3(e)**

I165Sch. 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 evidenceU.K.

19(1)Section 8 (notice of proposed civil partnership and declaration) is amended in accordance with this paragraph.U.K.

(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.”.                  

Commencement Information

I166Sch. 4 para. 19 in force at 1.3.2015 by S.I. 2015/371, **art. 2(1)(f)**

20U.K.After section 8 insert—

##### “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)—                  

(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 civil partnership—                  

(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 civil partnership, the person may provide the registration                           authority with details of his or her immigration position in the United Kingdom; and                  

(c)if any such details are provided, the registration authority 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 9E (and for this purpose “photograph” includes other kinds of images).”.                  

Commencement Information

I167Sch. 4 para. 20 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, **art. 3(e)**

I168Sch. 4 para. 20 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, **art. 2(1)(f)**

21U.K.For section 9 substitute—

##### “9Evidence

(1)A notice of proposed civil partnership under section 8 must, in relation to each of the parties to the civil partnership,                           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 proposed civil partnership under section 8 must provide the registration authority to which the                           notice is given with specified evidence—                  

(a)as to whether the person has previously formed a civil partnership or been married; and                  

(b)if so, as to the ending of the civil partnership or marriage.                  

(3)In this section “specified evidence” means evidence that is in accordance with regulations made under section 9E.                  

##### 9AAdditional evidence 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)If the notice includes statement A (referred to in section 8A(4)), and accordingly is accompanied by details of the particular                           immigration status which a party to the proposed civil partnership has, the notice must be accompanied by specified evidence                           of that status.                  

(3)If the notice includes statement B (referred to in section 8A(5)), the notice must be accompanied by specified evidence of                           the holding of the relevant visa by the party to the proposed civil partnership.                  

(4)If, in accordance with section 8A(7), the notice is accompanied by the usual address of a party to the proposed civil partnership,                           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 8A(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 8A(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 8A(7) (insofar                           as those paragraphs are applicable to the parties to the proposed civil partnership).                  

(7)In this section—                  
          -  “relevant entry in section 8A(7)” means the second column of the last entry in the table in section 8A(7);                         
          -  “specified evidence” means evidence that is in accordance with regulations made under section 9E.                         

##### 9BChange 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 9E(3).                  

(4)In this section—                  
          -  “notified UK contact address” means an address in the United Kingdom, at which a person can be contacted by post, that has been notified in accordance                              with—                          (a)
section 8A(7) or 9A(6), or                                 
(b)
regulations under this section;                                 
 
          -  “notified usual address” means the usual address of a person that has been notified in accordance with—                          (a)
section 8A(7) or 9A(6), or                                 
(b)
regulations under this section.                                 
 

##### 9CRejection of false information or evidence

(1)A registration authority may reject—                  

(a)any information or photograph provided under section 8, 8A or 9A, or                  

(b)any evidence provided under section 9 or 9A,                  

if (in particular) the registration authority has reasonable grounds for suspecting that the information, photograph or evidence                        is false.                  

(2)If the registration authority rejects any information, photograph or evidence, the registration authority 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 registration authorities to reject anything provided under any other enactment.                  

##### 9DAmendment of notice and evidence provisions

(1)The Secretary of State may by order—                  

(a)amend section 8A or 9A so as to vary the information that must or may be given in cases where that section applies;                  

(b)amend section 9 or 9A so as to vary the matters in respect of which specified evidence must or may be given in cases where                           that section applies;                  

(c)make such provision (including provision amending section 9B or 9E 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.                  

##### 9ESpecified evidence

(1)The Registrar General may make regulations about the evidence that is required to be given for the purposes of section 9.                  

(2)The Secretary of State may make regulations about the evidence that is required to be given for the purposes of section 9A.                  

(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 Registrar General must obtain the approval of the Secretary of State before making regulations under this section.                  

(6)The Secretary of State must consult the Registrar General before making regulations under this section.                  

##### 9FRecording of information in the register: compliance with requirements

The registration authority must not enter in the register the information relating to a proposed civil partnership mentioned                        in section 8(5) in a case where any of the requirements imposed by or under any of the following provisions of this Act is                        applicable but is not complied with—                  
          -  section 8A(3) to (7);                         
          -  section 8A(8);                         
          -  section 9(1);                         
          -  section 9A(4) or (6);                         
          -  section 18(3);                         
          -  section 19(3);                         
          -  paragraph 5(1) of Schedule 1;                         
          -  paragraph 4 of Schedule 23.”.                         

Commencement Information

I169Sch. 4 para. 21 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, **art. 3(e)**

I170Sch. 4 para. 21 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, **art. 2(1)(f)**

#### Notice periodU.K.

22U.K.In section 11 (meaning of “the waiting period”), for “15” substitute “ 28 ”.

Commencement Information

I171Sch. 4 para. 22 in force at 1.3.2015 by S.I. 2015/371, **art. 2(1)(f)**

23(1)Section 12 (power to shorten the waiting period) is amended in accordance with this paragraph.U.K.

(2)In subsection (1), for “15” substitute “ 28 ”.

(3)After subsection (3) insert—

“(4)If a proposed civil partnership is referred to the Secretary of State under section 12A—                  

(a)any application under subsection (1) is to be made to the Secretary of State; and                  

(b)the power conferred by subsection (1) is exercisable by the Secretary of State.                  

(5)If the Secretary of State grants an application made under subsection (1), the Secretary of State must give notice of the                           grant of the application to—                  

(a)the applicant,                  

(b)the registration authority to which notice of the proposed civil partnership was given, and                  

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

(6)Regulations under subsection (2) do not apply to applications made to the Secretary of State in accordance with subsection                           (4).                  

(7)The Secretary of State may by regulations make provision with respect to the making, and granting, of applications made in                           accordance with subsection (4).                  

(8)The Secretary of State must consult the Registrar General before making regulations under subsection (7).”.                  

Commencement Information

I172Sch. 4 para. 23 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, **art. 3(e)**

I173Sch. 4 para. 23 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 StateU.K.

24U.K.After section 12 insert—

##### “12AReferral of proposed civil partnership to Secretary of State

(1)On every occasion when notice of proposed civil partnership is given under section 8, the registration authority must decide                           whether or not each of the parties to the proposed civil partnership is an exempt person.                  

(2)But this section does not apply if Schedule 3 applies to the proposed civil partnership.                  

(3)In making a decision under subsection (1) about a party to a proposed civil partnership, a registration authority may rely                           on any advice given in relation to that decision by the Secretary of State.                  

(4)In a case where—                  

(a)section 8A applies to the notice of proposed civil partnership, and                  

(b)specified evidence required by section 9A(2) or (3) in relation to a party to the proposed civil partnership is not produced                           in accordance with that section,                  

the registration authority must decide that that party to the proposed civil partnership is not an exempt person.                  

(5)If the registration authority decides that either of the parties is not an exempt person, or that both of the parties are                           not exempt persons, the registration authority must—                  

(a)refer the proposed civil partnership to the Secretary of State;                  

(b)notify the parties to the proposed civil partnership that the proposed civil partnership must be referred to the Secretary                           of State;                  

(c)give the parties to the proposed civil partnership prescribed information about—                  

(i)the effects of the referral;                  

(ii)the requirement under regulations under section 9B to notify the Secretary of State of changes of address.                  

(6)The registration authority must act in accordance with regulations when complying with the duty in subsection (5)(a) to refer                           a proposed civil partnership 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 civil partnership;                  

(b)information, photographs or evidence — or copies of any of those things — to be included with the referral of a proposed civil                           partnership.                  

(8)If the registration authority refers the proposed civil partnership to the Secretary of State, this Act has effect in relation                           to the proposed civil partnership subject to the modifications in Schedule 3A.                  

(9)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.”.                  

Commencement Information

I174Sch. 4 para. 24 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, **art. 3(e)**

I175Sch. 4 para. 24 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, **art. 2(1)(f)**

25U.K.After Schedule 3 insert—

##### “SCHEDULE 3AU.K.Modifications if proposed civil partnership referred under section 12A

###### IntroductionU.K.

1(1)These are the modifications subject to which this Act has effect if the registration authority refers a proposed civil partnership                           to the Secretary of State.                  

(2)In this Schedule—                  
          -  “2014 Act” means the Immigration Act 2014;                         
          -  “referred civil partnership” means the proposed civil partnership referred to the Secretary of State.                         

###### No civil partnership schedule to be issued until decision about investigation etcU.K.

2(1)The duty under section 14(1) to issue a civil partnership schedule in respect of the referred civil partnership does not apply                           unless and until one of the following events occurs.                  

(2)Event 1 occurs if—                  

(a)the Secretary of State gives the registration authority or authorities the section 48 notice, and                  

(b)that notice is of a decision not to investigate whether the referred civil partnership is a sham.                  

(3)Event 2 occurs if—                  

(a)the relevant statutory period ends, and                  

(b)the Secretary of State has not given the registration authority or authorities the section 48 notice.                  

(4)Event 3 occurs if—                  

(a)the Secretary of State gives the registration authority or authorities the section 48 notice,                  

(b)that notice is of a decision to investigate whether the referred civil partnership is a sham,                  

(c)the Secretary of State gives the registration authority or authorities the section 50 notice, and                  

(d)that notice is of a decision that both of the parties to the referred civil partnership 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 registration authority or authorities the section 50 notice.                  

(6)Event 5 occurs if the Secretary of State gives the registration authority or authorities notice that the duty under section                           14(1) is applicable.                  

(7)The Secretary of State may give a notice for that purpose only if—                  

(a)the Secretary of State has given the registration authority or authorities the section 48 notice,                  

(b)that notice is of a decision to investigate whether the referred civil partnership is a sham,                  

(c)the Secretary of State has given the registration authority or authorities the section 50 notice, and                  

(d)that notice is of a decision that one or both of the parties to the referred civil partnership have not complied with the                           investigation.                  

(8)This paragraph applies in addition to any other requirements applicable to the issue of the civil partnership schedule.                  

(9)This paragraph is subject to paragraph 4.                  

(10)In this paragraph—                  
          -  “70 day period” has the same meaning as in section 50 of the 2014 Act;                         
          -  “relevant statutory period” has the same meaning as in section 48 of the 2014 Act;                         
          -  “section 48 notice” means notice under section 48(8) of the 2014 Act;                         
          -  “section 50 notice” means notice under section 50(7) of the 2014 Act.                         

###### Civil partnership to be investigated: extension of waiting period to 70 daysU.K.

3(1)The modifications in this paragraph have effect if the Secretary of State gives the registration authority notice under section                           48(8) of the 2014 Act of a decision to investigate whether the referred civil partnership is a sham.                  

(2)Section 11(b): the reference to the period of 28 days has effect as a reference to the relevant 70 day period.                  

(3)But, for the purposes of section 10, the waiting period is not extended by sub-paragraph (2).                  

(4)In this paragraph “relevant 70 day period” means the period—                  

(a)beginning the day after notice of the proposed civil partnership is recorded in the register in accordance with section 8(5),                           and                  

(b)ending at the end of the period of 70 days beginning with that day.                  

###### Effect of shortening waiting periodU.K.

4(1)This paragraph applies if—                  

(a)the Secretary of State gives notice under section 12(5) of the grant of an application made under section 12(1) (power to                           shorten the waiting period) in relation to the referred civil partnership, and                  

(b)that notice is given at a time when the duty under section 14(1) to issue a civil partnership schedule in respect of the referred                           civil partnership has not arisen in accordance with paragraph 2.                  

(2)The duty under section 14(1) to issue a civil partnership schedule in respect of the referred civil partnership arises on                           the giving of the notice under section 12(5), subject to any other requirements applicable to the issue of the schedule 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 schedule                           in respect of the referred civil partnership 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, 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 civil partnership is a sham.”.                  

Commencement Information

I176Sch. 4 para. 25 in force at 1.3.2015 by S.I. 2015/371, **art. 2(1)(f)**

#### Civil partnership referred to Secretary of State: issue of civil partnership scheduleU.K.

26(1)In section 14 (issue of civil partnership schedule), at the end insert—U.K.

“(6)This section has effect subject to section 14A.”.                  

(2)After section 14 insert—

##### “14ANotice of proposed civil partnership: false information or evidence

(1)A registration authority may refuse to issue a civil partnership schedule under section 14(1) in a case where—                  

(a)notice of a proposed civil partnership has been given under section 8, and                  

(b)a registration authority has reasonable grounds for suspecting that a relevant decision was made incorrectly because of the                           provision of false information or evidence.                  

(2)If a registration authority refuses to issue the schedule, the parties to the proposed civil partnership are to be taken not                           to have given notice under section 8; 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 registration authorities to refuse to issue civil partnership schedules.                  

(4)In this section—                  
          -  “evidence” includes a photograph or other image;                         
          -  “exempt person” has the same meaning as in section 12A;                         
          -  “relevant decision” means a decision of a registration authority that a party to the proposed civil partnership is an exempt person.”.                         

(3)In section 15 (appeal against refusal to issue civil partnership schedule)—

(a)in subsection (1)(b), after “14(3)” insert “ or 14A ”;

(b)after subsection (2) insert—

“(3)In a case where—                  

(a)in reliance on section 14A, a registration authority refuses to issue a civil partnership schedule, and                  

(b)on an appeal against the refusal, the Registrar General directs that a civil partnership schedule be issued,                  

section 14A(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 8.”.                  

(4)In section 16 (frivolous objections and representations: liability for costs etc)—

(a)in the title, after “**representations**” insert “ **and appeals** ”;

(b)after subsection (3) insert—

“(3A)If—                  

(a)in reliance on section 14A, a registration authority refuses to issue a civil partnership schedule, and                  

(b)on an appeal against the refusal, the Registrar General declares that the appeal is frivolous,                  

the person making the appeal is liable for the costs of the proceedings before the Registrar General.”;                  

(c)in subsection (4), for “such costs and damages” substitute “ costs and damages in accordance with subsection (3) or (3A) ”.

Commencement Information

I177Sch. 4 para. 26 in force at 1.3.2015 by S.I. 2015/371, **art. 2(1)(f)**

#### Relevant nationalsU.K.

27U.K.After section 30 insert—

##### “30ARelevant nationals

In this Chapter “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.”.                  

Commencement Information

I178Sch. 4 para. 27 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, **art. 3(e)**

I179Sch. 4 para. 27 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, **art. 2(1)(f)**

#### Regulations and ordersU.K.

28(1)Section 36 (regulations and orders) is amended in accordance with this paragraph.U.K.

(2)In subsection (3), after “6A” insert “ 9B, 9E(2), 12(7) or 12A ”.

(3)In subsection (5), after “6A” insert “ 9B, 9E(2) or 12A ”.

(4)In subsection (6), after “section” insert “ 9D or ”.

Commencement Information

I180Sch. 4 para. 28 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, **art. 3(e)**

I181Sch. 4 para. 28 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, **art. 2(1)(f)**

#### Proof of certain matters not necessary to validity of civil partnershipU.K.

29U.K.In section 52 (proof of certain matters not necessary to validity of civil partnership), in subsection (1)—

(a)omit the word “or” at the end of paragraph (a);

(b)at the end of paragraph (aa) insert “or 

(ab)that, in the case of a civil partnership to which Schedule 3A applied, any of the events listed in paragraph 2(2) to (6) of                           that Schedule occurred.”.                  

Commencement Information

I182Sch. 4 para. 29 in force at 1.3.2015 by S.I. 2015/371, **art. 2(1)(f)**

 Section 54

## SCHEDULE 5U.K.Sham marriage and civil partnership: administrative regulations

### IntroductionU.K.

1(1)This Schedule sets out the kinds of regulations which may be made by the Secretary of State under section 54(2).U.K.

(2)In this Schedule—
          -  “extension order” has the meaning given in section 54(1);                         
          -  “proposed Scottish or Northern Ireland marriage or civil partnership” means a proposed marriage or civil partnership under the law of Scotland or Northern Ireland.                         

Commencement Information

I183Sch. 5 para. 1 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, **art. 3(h)**

### NoticesU.K.

2(1)The Secretary of State may make regulations which make provision about the giving of relevant notices.U.K.

(2)Regulations under this paragraph may, in particular, provide that a relevant notice given in accordance with the regulations                        is to be presumed to have been received by the person to whom it is given.

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

(a)a notice, under any provision of the referral and investigation scheme, which relates to a proposed Scottish or Northern Ireland                        marriage or civil partnership, and

(b)any other notice relating to the referral of a proposed Scottish or Northern Ireland marriage or civil partnership to the                        Secretary of State for the purposes of the referral and investigation scheme,

(whether or not the notice falls to be given by virtue of provision made by an extension order).

Commencement Information

I184Sch. 5 para. 2 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, **art. 3(h)**

### EvidenceU.K.

3(1)The Secretary of State may make regulations about the supply of evidence in accordance with a relevant evidence provision.U.K.

(2)Regulations under this paragraph 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)In this paragraph—
          -  “evidence” includes a photograph or other image;                         
          -  “relevant evidence provision” means provision (whether or not made by an extension order) about the supply of evidence in relation to a proposed Scottish                           or Northern Ireland marriage or civil partnership in a case where one or both of the parties is not a relevant national.                         

Commencement Information

I185Sch. 5 para. 3 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, **art. 3(h)**

### Change of addressU.K.

4(1)The Secretary of State may, by regulations, make provision about the giving to the Secretary of State of—U.K.

(a)notice of a relevant person's usual address, if the person's notified usual address changes;

(b)notice of a relevant person's UK contact address, if the person's notified usual address is not in the United Kingdom;

(c)notice of a relevant 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)Regulations under this paragraph may, in particular, make—

(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 sub-paragraph (1)(d) may, in particular, make any provision of the kind that may be made under paragraph                        3(2).

(4)In this paragraph—
          -  “notified”, in relation to an address of a relevant person, means notified (whether to the Secretary of State or another person) in                           connection with the proposed Scottish or Northern Ireland marriage or civil partnership (including any such address notified                           in accordance with provision made by an extension order or regulations made under this paragraph);                         
          -  “relevant person” means a person who is a party to a proposed Scottish or Northern Ireland marriage or civil partnership in a case where that                           person or the other party is not a relevant national (or both of them are not relevant nationals);                         
          -  “UK contact address” means an address in the United Kingdom at which a person can be contacted by post.                         

Commencement Information

I186Sch. 5 para. 4 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, **art. 3(h)**

### ReferralU.K.

5(1)The Secretary of State may make regulations requiring a person to act in accordance with the regulations when complying with                        a duty of referral.U.K.

(2)The regulations may, in particular, make provision about—

(a)the form, manner or timing of the referral;

(b)information, photographs or evidence — or copies of any of those things — to be included with the referral.

(3)The Secretary of State may make regulations requiring a person who refers a proposed marriage or civil partnership in accordance                        with a duty of referral to give the parties to the proposed marriage or civil partnership information prescribed in the regulations                        about—

(a)the effects of the referral;

(b)any requirements under regulations under paragraph 4 to notify the Secretary of State of changes of address.

(4)In this paragraph—
          -  “duty of referral” means a duty (whether or not contained in provision made by an extension order) to refer a proposed Scottish or Northern                           Ireland marriage or civil partnership to the Secretary of State for the purposes of the referral and investigation scheme;                         
          -  “referral” means the referral of a proposed Scottish or Northern Ireland marriage or civil partnership under a duty of referral.                         

Commencement Information

I187Sch. 5 para. 5 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, **art. 3(h)**

### Applications for shortening of waiting periodU.K.

6(1)The Secretary of State may make regulations about the making, and granting, of applications for the shortening of a waiting                        period in cases where a proposed Scottish or Northern Ireland marriage or civil partnership is referred to the Secretary of                        State in accordance with a duty of referral.U.K.

(2)Regulations may be made under this paragraph—

(a)whether the application falls to be made by virtue of provision made by an extension order or otherwise;

(b)whether the application falls to be made to the Secretary of State or another person.

(3)In this paragraph—
          -  “duty of referral” has the same meaning as in paragraph 5;                         
          -  “waiting period”, in relation to a proposed Scottish or Northern Ireland marriage or civil partnership, means a period during which it is                           not possible for the marriage to be solemnized or civil partnership to be formed (but which falls after notice of the proposed                           marriage or civil partnership has been given for the purposes of enabling it to be solemnized or formed in due course).                         

Commencement Information

I188Sch. 5 para. 6 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, **art. 3(h)**

 Section 59

## SCHEDULE 6E+WInformation

### **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.

3E+WA 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, 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

6[F63(1)]This Schedule does not authorise—E+W

(a)a disclosure, in contravention of any provisions of [F64the data protection legislation], of personal data which [F65is] not exempt from those provisions, or

(b)a disclosure which is prohibited by [F66any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 ].

[F67(2)In this paragraph, “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).]

Textual Amendments

F63Sch. 6 para. 6(1): Sch. 6 para. 6 renumbered as Sch. 6 para. 6(1) (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), **Sch. 19 para. 186(2)** (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F64Words in Sch. 6 para. 6(1)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), **Sch. 19 para. 186(3)(a)** (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F65Word in Sch. 6 para. 6(1)(a) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), **Sch. 19 para. 186(3)(b)** (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

F66Words in Sch. 6 para. 6(1) substituted (27.6.2018) by Investigatory Powers Act 2016 (c. 25), s. 272(1), **Sch. 10 para. 33** (with Sch. 9 paras. 7, 8, 10); S.I. 2018/652, reg. 12(g)(iii)

F67Sch. 6 para. 6(2) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), **Sch. 19 para. 186(4)** (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

#### No breach of confidentiality etcE+W

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

(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

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

(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

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

(a)information may be disclosed, or

(b)documents may be supplied.

#### Meaning of “registration official”E+W

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

(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).

 Section 63

## SCHEDULE 7U.K.Immigration advisers and immigration service providers

### IntroductoryU.K.

1U.K.Part 5 of the Immigration and Asylum Act 1999 (which makes provision for the regulation of immigration advisers and immigration                        service providers) is amended in accordance with this Schedule.

Commencement Information

I189Sch. 7 para. 1 in force at 20.10.2014 by S.I. 2014/2771, **art. 4(e)**

### Removal of Commissioner's power of exemption from registrationU.K.

2(1)In section 84(4) (persons exempt from prohibition on provision of immigration advice and services by unqualified persons)—U.K.

(a)omit paragraphs (a), (b) and (c) (and the word “or” which follows paragraph (c));

(b)in paragraph (d) omit “who”.

(2)Omit the following provisions—

(a)section 84(5) and (7);

(b)section 85(2);

(c)section 87(3)(b);

(d)section 88(2)(c);

(e)section 89(4);

(f)paragraph 6(3)(b) and 9(1)(d) of Schedule 5;

(g)paragraph 6(3)(a) of Schedule 6.

Commencement Information

I190Sch. 7 para. 2 in force at 17.11.2014 by S.I. 2014/2771, **art. 5(c)**

### Waiver of fees for registrationU.K.

3(1)Paragraph 5 of Schedule 6 (fees for registration) is amended as follows.U.K.

(2)In sub-paragraph (1)—

(a)after “order” insert “ (a) ”;

(b)at the end insert—

“(b)make provision for, and in connection with, requiring or authorising the Commissioner to waive all or part of the specified                           fee in particular cases.”                  

(3)In sub-paragraph (2) at the end insert “ (but this is subject to any waiver in accordance with provision under sub-paragraph (1)(b)) ”.

Commencement Information

I191Sch. 7 para. 3 in force at 20.10.2014 by S.I. 2014/2771, **art. 4(f)**

### Cancellation of registration by CommissionerU.K.

4(1)In section 87(3) (decisions of Commissioner which may be appealed to First-tier Tribunal) after paragraph (ea) insert—U.K.

“(eb)to cancel a registration under paragraph 4A(e) of that Schedule.”                  

(2)In paragraph 9 of Schedule 5 (powers of Commissioner on determining a complaint)—

(a)omit sub-paragraph (1)(b);

(b)after sub-paragraph (1A) (inserted by paragraph 7(4) of this Schedule) insert—

“(1B)Sub-paragraph (1)(a) is subject to paragraph 4A(e) of Schedule 6 (duty of Commissioner to cancel registration of a person                           who is no longer competent or is otherwise unfit).”                  

(3)In paragraph 3 of Schedule 6 (applications for continued registration)—

(a)omit sub-paragraph (5);

(b)in sub-paragraph (6) for “Otherwise,” substitute “ Unless the Commissioner is required by paragraph 4A to cancel the applicant's registration ”;

(c)in sub-paragraph (7)(a) omit “or by a direction given by the First-tier Tribunal under section 89(2)(b)”.

(4)In Schedule 6 (registration) after paragraph 4 insert—

#### “Further provision for the cancellation of registrationU.K.

4AThe Commissioner must cancel a person's registration if—

(a)the person asks for it to be cancelled;                  

(b)the person dies (in a case where the person is an individual) or is dissolved or wound up (in any other case);                  

(c)the person is convicted of an offence under section 25 or 26(1)(d) or (g) of the 1971 Act;                  

(d)under section 89(2A)(b) the First-tier Tribunal directs the Commissioner to cancel the person's registration; or                  

(e)the Commissioner considers that the person is no longer competent or is otherwise unfit to provide immigration advice or immigration                           services.”                  

Commencement Information

I192Sch. 7 para. 4 in force at 17.11.2014 by S.I. 2014/2771, **art. 5(c)**

### Suspension of registrationU.K.

5(1)In section 84(3) (limitations on effect of registration)—U.K.

(a)after “subject to” insert “ (a) ”;

(b)at the end insert—

“(b)paragraph 4B(5) of that Schedule (effect of suspension of registration).”                  

(2)In section 87(4) (further functions of First-tier Tribunal)—

(a)for “a further function” substitute “ further functions ”;

(b)at the end insert “ and paragraph 4B of Schedule 6 (suspension of registration by First-tier Tribunal) ”.

(3)After paragraph 4A of Schedule 6 (inserted by paragraph 4(4) of this Schedule) insert—

#### “Suspension of registrationU.K.

4B(1)The First-tier Tribunal may, on an application made to it by the Commissioner, suspend a person's registration if the person                           is for the time being charged with—                  

(a)an offence involving dishonesty or deception;                  

(b)an indictable offence; or                  

(c)an offence under section 25 or 26(1)(d) or (g) of the 1971 Act.                  

(2)The suspension of the person's registration ceases to have effect if one of these occurs—                  

(a)the person is acquitted of the offence;                  

(b)the charge is withdrawn;                  

(c)proceedings in respect of the charge are discontinued;                  

(d)an order is made for the charge to lie on the file, or in relation to Scotland, the diet is deserted *pro loco et tempore*.                  

(3)If the person is convicted of an offence under section 25 or 26(1)(d) or (g) of the 1971 Act, the suspension of the person's                           registration continues to have effect until the Commissioner cancels the person's registration (as required by paragraph 4A(c)).                  

(4)If the person is convicted of any other offence within sub-paragraph (1)—                  

(a)the Commissioner must as soon as reasonably practicable consider whether the person is no longer competent or is otherwise                           unfit to provide immigration advice or immigration services (so that the person's registration must be cancelled under paragraph                           4A(e));                  

(b)the suspension of the person's registration continues to have effect until the Commissioner either cancels the person's registration,                           or decides that the person is competent and otherwise fit to provide immigration advice and immigration services.                  

(5)A person whose registration is suspended is not to be treated as a registered person for the purposes of section 84 (but is                           to be treated as a registered person for the purposes of the other provisions of this Part).                  

(6)Where a person's registration is suspended the Commissioner must as soon as reasonably practicable record the suspension in                           the register.                  

(7)Where a suspension ceases to have effect (and the person's registration is not cancelled) the Commissioner must as soon as                           reasonably practicable remove the record of the suspension from the register.”                  

Commencement Information

I193Sch. 7 para. 5 in force at 17.11.2014 by S.I. 2014/2771, **art. 5(c)**

### InspectionsU.K.

6U.K.After paragraph 4 of Schedule 5 insert—

#### “InspectionsU.K.

4AThe Commissioner may carry out inspections of the activities and businesses of registered persons.”

Commencement Information

I194Sch. 7 para. 6 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(aa)**

### Complaints and investigationsU.K.

7(1)For section 89(2) (powers of Tribunal on hearing charge against registered person) substitute—U.K.

“(2)Subsections (2A) and (2B) apply if the person charged was, at the time to which the charge relates, a registered person or                           a person acting on behalf of a registered person.                  

(2A)If the registered person mentioned in subsection (2) is still registered, the First-tier Tribunal may direct the Commissioner—                  

(a)to record the charge and the First-tier Tribunal's decision on it for consideration in connection with that person's next                           application for continued registration;                  

(b)to cancel that person's registration.                  

(2B)If the registered person mentioned in subsection (2) is no longer registered, the First-tier Tribunal may direct the Commissioner                           to record the charge and the First-tier Tribunal's decision on it for consideration in connection with any application by                           that person for registration.”                  

(2)In paragraph 5(3) of Schedule 5 (complaints which may be investigated by Commissioner)—

(a)before paragraph (a) insert—

“(za)the competence or fitness to provide immigration advice or immigration services of a person who, at the time to which the                           complaint relates, was a registered person,”;                  

(b)in paragraph (a) for “a person” substitute “ any other person ”;

(c)after paragraph (a) insert—

“(aa)the competence or fitness of a person who, at the time to which the complaint relates, was acting on behalf of a registered                           person,”;                  

(d)in paragraph (b) for the first “a person” substitute “ any other person ”;

(e)in paragraph (d) for “a person to whom they apply” substitute “ a person who, at the time to which the complaint relates, was a registered person or a person acting on behalf of a registered                           person ”.

(3)For paragraph 9(1)(a) of that Schedule (Commissioner's powers on determining a complaint) substitute—

“(a)if the person to whom the complaint relates was at the time to which the complaint relates—                  

(i)a registered person, or                  

(ii)a person acting on behalf of a registered person,                  

record the complaint and the decision on it to be considered in connection with the next relevant application;”.                  

(4)After paragraph 9(1) insert—

“(1A)In sub-paragraph (1)(a) “relevant application” means—                  

(a)if the registered person referred to in that sub-paragraph is still registered, an application by that person for continued                           registration, and                  

(b)otherwise, an application by that person for registration.”                  

(5)For paragraph 9(4) substitute—

“(4)Relevant person” means—                  

(a)a person who, at the time to which the charge relates, was providing immigration advice or immigration services and was—                  

(i)a registered person, or                  

(ii)a person acting on behalf of a registered person;                  

(b)a person providing immigration advice or immigration services who is—                  

(i)a person to whom section 84(4)(d) applies, or                  

(ii)a person employed by, or working under the supervision of, such a person.”                  

Commencement Information

I195Sch. 7 para. 7 in force at 17.11.2014 by S.I. 2014/2771, **art. 5(c)**

### Power of entry and inspectionU.K.

8(1)Omit paragraph 7 of Schedule 5 (and the cross-heading before it).U.K.

(2)After paragraph 10 of that Schedule insert—

#### “Power of entry and inspectionU.K.

10A(1)On an application made by the Commissioner a justice of the peace (or in Scotland, the sheriff) may issue a warrant authorising                           the Commissioner to enter premises.                  

(2)A justice of the peace or sheriff may issue a warrant in respect of premises if satisfied that there are reasonable grounds                           for believing that—                  

(a)the premises are being used, or have been used, in connection with the provision of immigration advice or immigration services                           by a registered person,                  

(b)entry to the premises is reasonably required for the exercise of any of the Commissioner's functions, and                  

(c)entry to the premises may be prevented or delayed unless a warrant is produced.                  

(3)The Commissioner may enter premises by virtue of this paragraph only at a reasonable hour.                  

(4)Where the Commissioner enters premises by virtue of this paragraph the Commissioner may—                  

(a)take onto the premises any equipment that appears to the Commissioner to be necessary;                  

(b)require any person on the premises to produce any relevant document and, if the document is produced, to provide any explanation                           of it;                  

(c)require any person on the premises to state, to the best of the person's knowledge and belief, where any relevant document                           is to be found;                  

(d)take copies of, or extracts from, any relevant document on the premises which is produced;                  

(e)require any relevant information which is held in a computer and is accessible from the premises to be produced in a form—                  

(i)in which it can be taken away; and                  

(ii)in which it is visible and legible.                  

(5)For the purposes of sub-paragraph (4), a document or information is “relevant” if the document or information relates to any                           matter connected with the provision of immigration advice or immigration services.                  

(6)The powers conferred on the Commissioner by sub-paragraphs (1) to (5) may also be exercised by—                  

(a)a member of the Commissioner's staff authorised by the Commissioner in writing, and                  

(b)if the Commissioner so determines, a person appointed by the Commissioner to make a report on the provision of immigration                           advice or immigration services from the premises in question.                  

(7)If a registered person fails without reasonable excuse to allow access under this paragraph to any premises under the person's                           occupation or control, the Commissioner may cancel the person's registration.                  

(8)The Commissioner may also cancel the registration of a registered person who—                  

(a)without reasonable excuse fails to comply with a requirement imposed under sub-paragraph (4);                  

(b)intentionally delays or obstructs any person exercising functions under this paragraph; or                  

(c)fails to take reasonable steps to prevent an employee of the registered person from obstructing any person exercising such                           functions.                  

(9)In this paragraph “premises” includes premises used wholly or partly as a dwelling.”                  

Commencement Information

I196Sch. 7 para. 8 in force at 17.11.2014 by S.I. 2014/2771, **art. 5(c)**

 Section 67

## SCHEDULE 8U.K.Embarkation checks

Modifications etc. (not altering text)

C48Sch. 8 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), **Sch. 2** (with art. 2(3))

C49Sch. 8 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)

C50Sch. 8 amendment to earlier affecting S.I. 2015/1532, Sch. 2 (coming into force in accordance with art. 1 of the amending                              S.I.) by The Immigration (Jersey) (Amendment) Order 2017 (S.I. 2017/981), **Sch. Pt. 4** (with art. 6)

### **PART 1**U.K.Functions exercisable by designated persons

#### IntroductionU.K.

1U.K.Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended in accordance with                        this Part of this Schedule.

Commencement Information

I197Sch. 8 para. 1 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(bb)**

#### Examinations by designated personU.K.

2(1)Paragraph 3 is amended as follows.U.K.

(2)In sub-paragraph (1), after “immigration officer” insert “ or designated person ”.

(3)For sub-paragraph (1A) substitute—

“(1A)If a person is examined under sub-paragraph (1) (whether by an immigration officer or designated person), an immigration officer                           may require the person, by notice in writing, to submit to further examination by the immigration officer for a purpose specified                           in that sub-paragraph.”.                  

Commencement Information

I198Sch. 8 para. 2 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(bb)**

#### Information and documentsU.K.

3(1)Paragraph 4 is amended as follows.U.K.

(2)In sub-paragraph (1), for “his functions” substitute “ that or any other person's functions ”.

(3)In sub-paragraph (2)—

(a)for “shall, if so required by the immigration officer” substitute “ , or on his examination under paragraph 3 above by a designated person, shall, if so required by an immigration officer                           or designated person ”;

(b)in paragraph (b), for “the immigration officer” substitute “ the immigration officer or designated person ”;

(c)in the words after paragraph (b), for “the immigration officer” substitute “ the immigration officer or designated person ”.

(4)In sub-paragraph (3), for the words from “the immigration officer” to the second “officer” substitute “ an immigration officer or a person acting under the directions of an immigration officer ”.

(5)In sub-paragraph (4), in the words before paragraph (a)—

(a)for “produced or found” substitute “ produced to or found by an immigration officer ”;

(b)for “an immigration officer” substitute “ , the immigration officer ”.

(6)After sub-paragraph (4) insert—

“(4A)Where a passport or other document is produced to a designated person in accordance with this paragraph, the designated person—                  

(a)may examine it and detain it; and                  

(b)must deliver any detained passport or document to an immigration officer as soon as reasonably practicable.                  

(4B)If a passport or document is delivered to an immigration officer in accordance with sub-paragraph (4A)(b), sub-paragraph (4)                           applies as if the immigration officer had detained the document (and, accordingly, the immigration officer may continue to                           detain it in accordance with sub-paragraph (4)(a), (b) or (c)).”.                  

(7)In sub-paragraph (5), after “examination” insert “ , or any immigration officer or designated person, ”.

Commencement Information

I199Sch. 8 para. 3 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(bb)**

#### Embarkation cardsU.K.

4(1)Paragraph 5 is amended in accordance with sub-paragraphs (2) and (3).U.K.

(2)For “requiring passengers” substitute “requiring— 

(a)passengers”.                  

(3)For “cards in such form” substitute “cards, and 

(b)passengers embarking in the United Kingdom, or any class of such passengers, to produce to a designated person, if so required,                           embarkation cards,                  

in such form ”.                  

Commencement Information

I200Sch. 8 para. 4 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(bb)**

#### DesignationsU.K.

5U.K.After paragraph 5 insert—

##### “Designated personsU.K.

5A(1)In this Schedule “designated person” means a person designated by the Secretary of State for the purposes of this Schedule.                  

(2)A designation under this paragraph is subject to such limitations as may be specified in the designation.                  

(3)A limitation under sub-paragraph (2) may, in particular, relate to the functions that are exercisable by virtue of the designation                           (and, accordingly, the exercise of functions under this Schedule by a designated person is subject to any such limitations                           specified in the person's designation).                  

(4)A designation under this paragraph—                  

(a)may be permanent or for a specified period,                  

(b)may (in either case) be withdrawn, and                  

(c)may be varied.                  

(5)The power to designate, or to withdraw or vary a designation, is exercised by the Secretary of State giving notice to the                           person in question.                  

(6)The Secretary of State may designate a person under this paragraph only if the Secretary of State is satisfied that the person—                  

(a)is capable of effectively carrying out the functions that are exercisable by virtue of the designation,                  

(b)has received adequate training in respect of the exercise of those functions, and                  

(c)is otherwise a suitable person to exercise those functions.”.                  

Commencement Information

I201Sch. 8 para. 5 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(bb)**

#### Directions to carriers and operators of portsU.K.

6U.K.After paragraph 5A (inserted by paragraph 5 above) insert—

##### “Directions to carriers and operators of ports etcU.K.

5B(1)The Secretary of State may direct—                  

(a)an owner or agent of a ship or aircraft, or                  

(b)a person concerned in the management of a port,                  

to make arrangements for designated persons to exercise a specified function, or a function of a specified description, in                        relation to persons of a specified description.                  

(2)A direction under this paragraph must specify—                  

(a)the port where, and                  

(b)the date (or dates) and time (or times) when,                  

a function is to be exercised under the arrangements.                  

(3)A direction under this paragraph must be in writing.                  

(4)A direction under this paragraph may specify a description of persons by reference, in particular, to—                  

(a)the destination to which persons are travelling;                  

(b)the route by which persons are travelling;                  

(c)the date and time when the persons are travelling.                  

(5)In this paragraph—                  
          -  “function” means a function under this Schedule;                         
          -  “specified” means specified in a direction under this paragraph.”.                         

Commencement Information

I202Sch. 8 para. 6 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(bb)**

### **PART 2**U.K.Other provision

#### OffencesU.K.

7(1)Section 27 of the Immigration Act 1971 (offences by persons connected with ships or aircraft or with ports) is amended as                        follows.U.K.

(2)In paragraph (b)—

(a)after sub-paragraph (iii) insert—

“(iiia)he fails, without reasonable excuse, to comply with a direction under paragraph 5B of Schedule 2; or”;                  

(b)in sub-paragraph (iv) for “a requirement” substitute “ any other requirement ”.

(3)After paragraph (c) insert—

“(ca)if as a person concerned in the management of a port he fails, without reasonable excuse, to comply with a direction under                           paragraph 5B of Schedule 2.”.                  

Commencement Information

I203Sch. 8 para. 7 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(bb)**

 Section 73

## SCHEDULE 9U.K.Transitional and consequential provision

Modifications etc. (not altering text)

C51Sch. 9 extended in part (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), **Sch. 2** (with art. 2(3))

C52Sch. 9 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)

### **PART 1**U.K.Provision relating to removal

#### Immigration Act 1971 (c. 77)U.K.

1U.K.In Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc), in paragraph 11, after “immigration                        officer” insert “ or the Secretary of State ”.

Commencement Information

I204Sch. 9 para. 1 in force at 20.10.2014 by 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))

I205Sch. 9 para. 1 in force at 20.10.2014 by S.I. 2014/2771, **art. 4(g)**

#### Special Immigration Appeals Commission Act 1997 (c. 68)U.K.

2U.K.In section 2 of the Special Immigration Appeals Commission Act 1997 (jurisdiction: appeals), in subsection (2), after paragraph                        (c) insert—

“(ca)section 78A of that Act (restriction on removal of children and their parents),”.                  

Commencement Information

I206Sch. 9 para. 2 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(cc)**

#### Nationality, Immigration and Asylum Act 2002 (c. 41)U.K.

3(1)The Nationality, Immigration and Asylum Act 2002 is amended as follows.U.K.

(2)In section 62 (detention by Secretary of State)—

(a)in subsection (1)—

(i)in paragraph (a), after “under” insert “ section 10 of the Immigration and Asylum Act 1999 (removal of persons unlawfully in the United Kingdom) or ”;

(ii)in paragraph (b), for “paragraphs” substitute “ provisions ”;

(b)in subsection (2), for “that Act” substitute “ the Immigration Act 1971 ”;

(c)omit subsections (5) and (6).

(3)In section 76 (revocation of leave to enter or remain)—

(a)in subsection (2), omit paragraphs (b) and (c);

(b)in subsection (4), omit the definition of “removed”.

Commencement Information

I207Sch. 9 para. 3 in force at 20.10.2014 by 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))

#### Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c.19)U.K.

4U.K.In section 8(7) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (claimant's credibility; definitions),                        in paragraph (d) of the definition of “immigration decision”, omit “(1)(a), (b), (ba) or (c)”.

Commencement Information

I208Sch. 9 para. 4 in force at 20.10.2014 by 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))

#### Immigration, Asylum and Nationality Act 2006 (c. 13)U.K.

5U.K.In the Immigration, Asylum and Nationality Act 2006, section 47 (removal of persons with statutorily extended leave) is repealed.

Commencement Information

I209Sch. 9 para. 5 in force at 20.10.2014 by 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))

#### Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)U.K.

6U.K.In Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (civil legal services), in paragraph 19(10),                        in the definition of “removal directions”, omit paragraph (e).

Commencement Information

I210Sch. 9 para. 6 in force at 20.10.2014 by 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))

#### Consequential repealsU.K.

7U.K.The provisions shown in the table below are repealed in consequence of the amendments made by section 1 and this Part of this                        Schedule.

Commencement Information

I211Sch. 9 para. 7 in force at 20.10.2014 by 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))

### **PART 2**U.K.Provision relating to detention and bail

#### Prison Act 1952 (c. 52)U.K.

8(1)Section 5A of the Prison Act 1952 (appointment and functions of Her Majesty's Chief Inspector of Prisons) is amended as follows.U.K.

(2)In subsection (5A)—

(a)omit “and” at the end of paragraph (b);

(b)after paragraph (b) insert—

“(ba)in relation to pre-departure accommodation within the meaning of that section, and”.                  

(3)In subsection (5B)—

(a)in paragraph (a), after “facilities” insert “ , accommodation ”;

(b)in paragraph (b)(i), after “facilities” insert “ , pre-departure accommodation ”.

Commencement Information

I212Sch. 9 para. 8 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(cc)**

#### Immigration Act 1971 (c. 77)U.K.

9U.K.In Schedule 3 to the Immigration Act 1971 (supplementary provisions as to deportation), in paragraph 3, for “33” substitute                        “ 33A ”.

Commencement Information

I213Sch. 9 para. 9 in force at 20.10.2014 by 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))

#### Special Immigration Appeals Commission Act 1997 (c. 68)U.K.

10(1)The Special Immigration Appeals Commission Act 1997 is amended as follows.U.K.

(2)In section 5 (procedure in relation to SIAC's jurisdiction on appeals and bail), after subsection (5) insert—

“(5A)Rules under this section must secure that, where the Commission has decided not to release a person on bail under paragraph                           22 or 29 of Schedule 2 to the Immigration Act 1971, the Commission is required to dismiss any further application by the person                           for release on bail that is made during the period of 28 days starting with the date of the Commission's decision, unless                           there has been a material change in circumstances.”                  

(3)In Schedule 3 (bail: modifications of Schedule 2 to the Immigration Act 1971), in paragraph 4, after sub-paragraph (1) insert—

“(1A)In sub-paragraph (1) after “2002” there shall be inserted “or section 2 of the Special Immigration Appeals Commission Act                           1997 or a review pending under section 2E of that Act.”                  

Commencement Information

I214Sch. 9 para. 10(1)(3) in force at 28.7.2014 by S.I. 2014/1820, **art. 3(cc)**

I215Sch. 9 para. 10(2) in force at 20.10.2014 by 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))

#### Northern Ireland Act 1998 (c. 47)U.K.

11U.K.In section 69C of the Northern Ireland Act 1998 (investigations: places of detention), in subsection (3)(g), for “or short-term                        holding facility” substitute “ , a short-term holding facility or pre-departure accommodation ”.

Commencement Information

I216Sch. 9 para. 11 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(cc)**

#### Immigration and Asylum Act 1999 (c. 33)U.K.

12(1)The Immigration and Asylum Act 1999 is amended as follows.U.K.

(2)In Schedule 11 (detainee custody officers)—

(a)in the heading above paragraph 3, at the end insert “ and pre-departure accommodation ”;

(b)in paragraph 3—

(i)in sub-paragraph (1), after “facility” insert “ or in pre-departure accommodation ”;

(ii)in sub-paragraph (2), after “facility” (in both places) insert “ or accommodation ”;

(c)in paragraph 4(c), after “facility” insert “ or in pre-departure accommodation ”;

(d)in paragraph 5(c), after “facility” insert “ or in pre-departure accommodation ”.

(3)In Schedule 12 (discipline etc at removal centres)—

(a)in paragraph 4 (assisting detained persons to escape)—

(i)in sub-paragraph (1), for “or short-term holding facility” substitute “ , a short-term holding facility or pre-departure accommodation ”;

(ii)in the opening words of sub-paragraph (2), for “or short-term holding facility” substitute “ , a short-term holding facility or pre-departure accommodation ”;

(iii)in sub-paragraph (2)(a), for “or facility” substitute “ , facility or accommodation ”;

(iv)in sub-paragraph (2)(b), for “or facility” substitute “ , facility or accommodation ”;

(v)in sub-paragraph (2)(c), for “or facility” substitute “ , facility or accommodation ”;

(b)in paragraph 8 (notice of penalties)—

(i)in sub-paragraph (1), after “facility” insert “ or contracted out pre-departure accommodation ”;

(ii)in sub-paragraph (2), after “facility” insert “ or pre-departure accommodation ”.

Commencement Information

I217Sch. 9 para. 12 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(cc)**

#### Nationality, Immigration and Asylum Act 2002 (c. 41)U.K.

13U.K.In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State), in subsection (3), after                        paragraph (a) insert—

“(aa)a reference in paragraph 18B of that Schedule to an immigration officer shall be read as a reference to the Secretary of State,”.                  

Commencement Information

I218Sch. 9 para. 13 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(cc)**

#### Safeguarding Vulnerable Groups Act 2006 (c. 47)U.K.

14U.K.In section 59 of the Safeguarding Vulnerable Groups Act 2006 (vulnerable adults), in subsection (7)(d), after “facility” insert                        “ or in pre-departure accommodation ”.

Commencement Information

I219Sch. 9 para. 14 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(cc)**

#### Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)U.K.

15U.K.In section 2 of the Corporate Manslaughter and Corporate Homicide Act 2007 (meaning of “relevant duty of care”)—

(a)in subsection (2)(b), for “or short-term holding facility” substitute “ , a short-term holding facility or in pre-departure accommodation ”;

(b)in subsection (7), for “and “short-term holding facility”” substitute “, “short-term holding facility” and “pre-departure                        accommodation””.

Commencement Information

I220Sch. 9 para. 15 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(cc)**

#### UK Borders Act 2007 (c. 30)U.K.

16U.K.In section 48 of the UK Borders Act 2007 (establishment of border and immigration inspectorate), in subsection (2A)(a), after                        “facilities” insert “ and in pre-departure accommodation ”.

Commencement Information

I221Sch. 9 para. 16 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(cc)**

### **PART 3**U.K.Provision relating to biometrics

#### Immigration and Asylum Act 1999 (c. 33)U.K.

17(1)The Immigration and Asylum Act 1999 is amended as follows.U.K.

(2)Section 143 (destruction of fingerprints) is repealed.

(3)In section 144(1) (power to make provision about other biometric information) for “, 142 and 143” substitute “ and 142 ”.

(4)Omit section 166(4)(g) (Parliamentary procedure for orders under section 143).

Commencement Information

I222Sch. 9 para. 17 in force at 1.7.2021 by S.I. 2021/771, **reg. 2(b)**

#### Anti-terrorism, Crime and Security Act 2001 (c. 24)U.K.

18U.K.Section 36 of the Anti-terrorism, Crime and Security Act 2001 (which amends section 143 of the Immigration and Asylum Act                        1999) is repealed.

Commencement Information

I223Sch. 9 para. 18 in force at 1.7.2021 by S.I. 2021/771, **reg. 2(c)**

#### Nationality, Immigration and Asylum Act 2002 (c. 41)U.K.

19U.K.In section 126 of the Nationality, Immigration and Asylum Act 2002 (power to require provision of physical data with certain                        immigration applications) omit—

(a)the “or” at the end of subsection (2)(b),

(b)subsection (4)(g), and

(c)subsection (5).

Modifications etc. (not altering text)

C53Sch. 9 para. 19 extended (Jersey) (coming into force in accordance with art. 1(1) of the amending S.I.) by The Immigration (Biometric Information) (Jersey) Order 2018 (S.I. 2018/1358), **art. 4(d)**

Commencement Information

I224Sch. 9 para. 19 in force at 1.3.2015 by S.I. 2015/371, **art. 3(b)**

### **PART 4**U.K.Provision relating to appeals

#### Immigration Act 1971 (c. 77)U.K.

20U.K.The Immigration Act 1971 is amended as follows.

Commencement Information

I225Sch. 9 para. 20 in force at 20.10.2014 by 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))

21(1)Section 3C (continuation of leave pending variation decision) is amended as follows.U.K.

(2)In subsection (2)—

(a)omit the “or” at the end of paragraph (b);

(b)after paragraph (c) insert “, or 

(d)an administrative review of the decision on the application for variation—                  

(i)could be sought, or                  

(ii)is pending.”                  

(3)After subsection (6) insert—

“(7)In this section—                  
          -  “administrative review” means a review conducted under the immigration rules;                         
          -  the question of whether an administrative review is pending is to be determined in accordance with the immigration rules.”                         

Commencement Information

I226Sch. 9 para. 21 in force at 20.10.2014 by 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))

F6822U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68Sch. 9 para. 22 repealed (1.12.2016) by Immigration Act 2016 (c. 19), **ss. 64(4)(b)**, 94(1) (with s. 64(5)); S.I. 2016/1037, reg. 5(h)

F6923U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F69Sch. 9 para. 23 repealed (1.12.2016) by Immigration Act 2016 (c. 19), **ss. 65(2)**, 94(1) (with s. 65(3)); S.I. 2016/1037, reg. 5(h)

24U.K.In Schedule 3 (supplementary provisions as to deportation), in paragraph 3, for the words from “of the kind” to “order)” substitute                        “ that relates to a deportation order ”.

Commencement Information

I227Sch. 9 para. 24 in force at 20.10.2014 by 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))

#### British Nationality Act 1981 (c. 61)U.K.

25U.K.In section 40A of the British Nationality Act 1981 (deprivation of citizenship: appeal), in subsection (3)—

(a)omit “, 83 or 83A”;

(b)omit paragraph (a).

Commencement Information

I228Sch. 9 para. 25 in force at 20.10.2014 by 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))

#### Special Immigration Appeals Commission Act 1997 (c. 68)U.K.

26(1)The Special Immigration Appeals Commission Act 1997 is amended as follows.U.K.

(2)In section 2 (jurisdiction: appeals)—

(a)in subsection (1)(a), omit “, 83(2) or 83A(2)”;

(b)in subsection (1)(b), omit “, 83(2) or 83A(2)”;

(c)in subsection (2), omit paragraphs (d), (h) and (l);

(d)omit subsections (3) and (4);

(e)in subsection (5), omit “against an immigration decision”;

(f)omit subsection (6).

(3)In section 2B (appeal to SIAC against deprivation of citizenship), omit the words from “(and” to the end.

(4)In section 6A (procedure in relation to review jurisdiction)—

(a)in the heading, for “and 2D” substitute “ to 2E ”;

(b)in subsection (1), for “or 2D” substitute “ , 2D or 2E ”;

(c)in subsection (2)—

(i)in paragraph (a), for “or 2D” substitute “ , 2D or 2E ”;

(ii)in paragraph (b), for “or (as the case may be) 2D(2)” substitute “ , 2D(2) or (as the case may be) 2E(2) ”.

(5)In section 7 (appeals from the Commission), in subsection (1A), for “or 2D” substitute “ , 2D or 2E ”.

Commencement Information

I229Sch. 9 para. 26(1)(4) in force at 20.10.2014 by 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))

#### Immigration and Asylum Act 1999 (c. 33)U.K.

27U.K.The Immigration and Asylum Act 1999 is amended as follows.

Commencement Information

I230Sch. 9 para. 27 in force at 20.10.2014 by 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))

28U.K.Section 23 (monitoring refusals of entry clearance) is repealed.

Commencement Information

I231Sch. 9 para. 28 in force at 20.10.2014 by 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))

29(1)Section 141 (fingerprinting) is amended as follows.U.K.

(2)In subsection (7)—

(a)for paragraph (c) substitute—

“(c)any person (“C”) in respect of whom the Secretary of State has decided—                  

(i)to make a deportation order, or                  

(ii)that section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies;                  

(ca)any person (“CA”) who requires leave to enter or remain in the United Kingdom but does not have it;”;                  

(b)in paragraph (f), for the words from “paragraph (c)” to the end substitute “ paragraph (c)(ii) ”.

(3)In subsection (8), for paragraph (c) substitute—

“(c)for C, when he is notified of the decision mentioned in subsection (7)(c);                  

(ca)for CA, when he becomes a person to whom this section applies;”.                  

(4)In subsection (9)—

(a)in paragraph (b), after “C” insert “ , CA ”;

(b)in paragraph (c)(i) for “relevant immigration decision” substitute “ decision mentioned in subsection (7)(c) ”;

(c)after paragraph (c) insert—

“(ca)for CA, when he no longer requires leave to enter or remain in the United Kingdom;”.                  

(5)Omit subsection (16).

Commencement Information

I232Sch. 9 para. 29 in force at 20.10.2014 by 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))

#### Nationality, Immigration and Asylum Act 2002 (c. 41)U.K.

30U.K.The Nationality, Immigration and Asylum Act 2002 is amended as follows.

Commencement Information

I233Sch. 9 para. 30 in force at 20.10.2014 by 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))

31U.K.In section 72 (serious criminal), in subsection (9)(a)—

(a)omit “, 83, 83A or 101”;

(b)for the words from “that to remove him” to the end substitute “ mentioned in section 84(1)(a) or (3)(a) of this Act (breach of the United Kingdom's obligations under the Refugee Convention),                           and ”.

Commencement Information

I234Sch. 9 para. 31 in force at 20.10.2014 by 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))

Prospective

32U.K.In section 79 (deportation order: appeal), in subsection (1) for “against” substitute “ that may be brought or continued from within the United Kingdom relating to ”.

33U.K.For the heading to Part 5, substitute “ Appeals in respect of Protection and Human Rights Claims ”.

Commencement Information

I235Sch. 9 para. 33 in force at 20.10.2014 by 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))

34U.K.In section 85 (matters to be considered)—

(a)in subsection (2), for “84(1)” substitute “ 84 ”;

(b)in subsection (4)—

(i)omit “, 83(2) or 83A(2)”;

(ii)omit “evidence about”;

(iii)omit “evidence which concerns”.

Commencement Information

I236Sch. 9 para. 34 in force at 20.10.2014 by 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))

35U.K.Section 85A (matters to be considered: new evidence: exceptions) is repealed.

Commencement Information

I237Sch. 9 para. 35 in force at 20.10.2014 by 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))

36U.K.In section 86 (determination of appeal)—

(a)in subsection (1), omit “, 83 or 83A”;

(b)in subsection (2), omit “(whether or not by virtue of section 85(1))”;

(c)omit subsections (3) to (6).

Commencement Information

I238Sch. 9 para. 36 in force at 20.10.2014 by 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))

37U.K.Sections 87 to 91 are repealed.

Commencement Information

I239Sch. 9 para. 37 in force at 20.10.2014 by 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))

38(1)Section 94 (appeal from within the United Kingdom) is amended as follows.U.K.

(2)In the heading, for “asylum” substitute “ protection ”.

(3)For subsections (1) to (2) substitute—

“(1)The Secretary of State may certify a protection claim or human rights claim as clearly unfounded.”                  

(4)In subsection (3)—

(a)for “an asylum claimant or human rights” substitute “ a ”;

(b)for “subsection (2)” substitute “ subsection (1) ”.

(5)In subsection (6A) for “an asylum claimant or human rights” substitute “ a ”.

(6)In subsection (7), for the words from the beginning to “certifies that” substitute “ The Secretary of State may certify a protection claim or human rights claim made by a person if ”.

(7)In subsection (8)(b), at the end insert “ or with the United Kingdom's obligations in relation to persons eligible for a grant of humanitarian protection ”.

(8)Omit subsection (9).

Commencement Information

I240Sch. 9 para. 38 in force at 20.10.2014 by 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))

F7039U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70Sch. 9 para. 39 omitted (31.12.2020) by virtue of The Immigration, Nationality and Asylum (EU Exit) Regulations 2019 (S.I. 2019/745), regs. 1(2), **51**; 2020 c. 1, Sch. 5 para. 1(1)

40U.K.Section 95 (appeal from outside the United Kingdom: removal) is repealed.

Commencement Information

I241Sch. 9 para. 40 in force at 20.10.2014 by 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))

41(1)Section 96 (earlier right of appeal) is amended as follows.U.K.

(2)In subsection (1)—

(a)in the opening words, for the words from the beginning to “brought” substitute “ A person may not bring an appeal under section 82 against a decision (“the new decision”) ”;

(b)in paragraph (a), omit “immigration”;

(c)in paragraph (b) for “matter” substitute “ ground ”;

(d)in paragraph (c) for “matter” substitute “ ground ”.

(3)For subsection (2) substitute—

“(2)A person may not bring an appeal under section 82 if the Secretary of State or an immigration officer certifies—                  

(a)that the person has received a notice under section 120(2),                  

(b)that the appeal relies on a ground that should have been, but has not been, raised in a statement made under section 120(2)                           or (5), and                  

(c)that, in the opinion of the Secretary of State or the immigration officer, there is no satisfactory reason for that ground                           not having been raised in a statement under section 120(2) or (5).”                  

Commencement Information

I242Sch. 9 para. 41 in force at 20.10.2014 by 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))

42U.K.In section 97 (national security etc)—

(a)in subsection (1), omit “, 83(2) or 83A(2)”;

(b)in subsection (3), omit “, 83(2) or 83A(2)”.

Commencement Information

I243Sch. 9 para. 42 in force at 20.10.2014 by 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))

43U.K.In section 97A (national security: deportation)—

(a)in subsection (2B), for the words from “breach” to the end substitute “ be unlawful under section 6 of the Human Rights Act 1998 (public authority not to act contrary to Human Rights Convention)                           ”;

(b)omit subsections (2D), (2E) and (3).

Commencement Information

I244Sch. 9 para. 43 in force at 20.10.2014 by 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))

44U.K.Section 97B (variation of leave on grounds of public good: rights of appeal) is repealed.

Commencement Information

I245Sch. 9 para. 44 in force at 20.10.2014 by 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))

45U.K.Section 98 (other grounds of public good) is repealed.

Commencement Information

I246Sch. 9 para. 45 in force at 20.10.2014 by 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))

46U.K.In section 99—

(a)in the heading, for “Sections 97 and 98” substitute “ Section 97 ”;

(b)in subsection (1), omit “or 98”.

Commencement Information

I247Sch. 9 para. 46 in force at 20.10.2014 by 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))

47(1)Section 104 (pending appeal) is amended as follows.U.K.

(2)Omit subsection (4).

(3)In subsection (4A), for “subsections (4B) and (4C)” substitute “ subsection (4B) ”.

(4)In subsection (4B)—

(a)for “the ground relating to the Refugee Convention specified in section 84(1)(g)” substitute “ a ground specified in section 84(1)(a) or (b) or 84(3) (asylum or humanitarian protection) ”;

(b)omit paragraph (a) (and the “and” immediately following it).

(5)Omit subsections (4C) and (5).

Commencement Information

I248Sch. 9 para. 47 in force at 20.10.2014 by 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))

48(1)Section 105 (notice of immigration decision) is amended as follows.U.K.

(2)In subsection (1), for “immigration” substitute “ appealable ”.

(3)In subsection (2)—

(a)in the opening words, for “a decision against which the person is entitled to appeal under section 82(1)” substitute “ an appealable decision ”;

(b)in paragraph (a) for “that section” substitute “ section 82 ”.

(4)At the end insert—

“(4)In this section “appealable decision” means a decision mentioned in section 82(1).”                  

Commencement Information

I249Sch. 9 para. 48 in force at 20.10.2014 by 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))

49U.K.In section 106 (rules)—

(a)in subsection (3), omit “, 83 or 83A”;

(b)in subsection (4), omit “, 83 or 83A”.

Commencement Information

I250Sch. 9 para. 49 in force at 20.10.2014 by 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))

50U.K.In section 107 (practice directions), in subsection (3), omit “, 83 or 83A”.

Commencement Information

I251Sch. 9 para. 50 in force at 20.10.2014 by 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))

51U.K.In section 108 (forged documents: proceedings in private), in subsection (1)(a), omit “, 83 or 83A”.

Commencement Information

I252Sch. 9 para. 51 in force at 20.10.2014 by 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))

52U.K.In section 112 (regulations etc)—

(a)omit subsection (3A);

(b)in subsection (4), omit “or 115(8)”;

(c)in subsection (5), omit “or 115(9)”.

Commencement Information

I253Sch. 9 para. 52 in force at 20.10.2014 by 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))

53(1)Section 113 (interpretation) is amended as follows.U.K.

(2)In subsection (1)—

(a)in the definition of “human rights claim”—

(i)after “Kingdom” insert “ or to refuse him entry into the United Kingdom ”;

(ii)omit “as being incompatible with his Convention rights”;

(b)at the appropriate places insert—

““humanitarian protection” has the meaning given in section 82(2);”                  

““protection claim” has the meaning given in section 82(2)”;                  

““protection status” has the meaning given in section 82(2)”;                  

(c)omit the definitions of “entry clearance”, “illegal entrant”, “prescribed”, “visitor” and “work permit”;

(d)in the definition of “immigration rules”, for “that Act” substitute “ the Immigration Act 1971 ”.

(3)Omit subsection (2).

Commencement Information

I254Sch. 9 para. 53 in force at 20.10.2014 by 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))

54U.K.Section 115 (appeal from within United Kingdom: unfounded human rights or asylum claim: transitional provision) is repealed.

Commencement Information

I255Sch. 9 para. 54 in force at 20.10.2014 by 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))

55U.K.For section 120 (requirement to state additional grounds for application) substitute—

##### “120Requirement to state additional grounds for application etc

(1)Subsection (2) applies to a person (“P”) if—                  

(a)P has made a protection claim or a human rights claim,                  

(b)P has made an application to enter or remain in the United Kingdom, or                  

(c)a decision to deport or remove P has been or may be taken.                  

(2)The Secretary of State or an immigration officer may serve a notice on P requiring P to provide a statement setting out—                  

(a)P's reasons for wishing to enter or remain in the United Kingdom,                  

(b)any grounds on which P should be permitted to enter or remain in the United Kingdom, and                  

(c)any grounds on which P should not be removed from or required to leave the United Kingdom.                  

(3)A statement under subsection (2) need not repeat reasons or grounds set out in—                  

(a)P's protection or human rights claim,                  

(b)the application mentioned in subsection (1)(b), or                  

(c)an application to which the decision mentioned in subsection (1)(c) relates.                  

(4)Subsection (5) applies to a person (“P”) if P has previously been served with a notice under subsection (2) and—                  

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

(b)P has leave to enter or remain in the United Kingdom only by virtue of section 3C or 3D of the Immigration Act 1971 (continuation                           of leave pending decision or appeal).                  

(5)Where P's circumstances have changed since the Secretary of State or an immigration officer was last made aware of them (whether                           in the application or claim mentioned in subsection (1) or in a statement under subsection (2) or this subsection) so that                           P has—                  

(a)additional reasons for wishing to enter or remain in the United Kingdom,                  

(b)additional grounds on which P should be permitted to enter or remain in the United Kingdom, or                  

(c)additional grounds on which P should not be removed from or required to leave the United Kingdom,                  

P must, as soon as reasonably practicable, provide a supplementary statement to the Secretary of State or an immigration officer                        setting out the new circumstances and the additional reasons or grounds.                  

(6)In this section—                  
          -  “human rights claim” and “protection claim” have the same meanings as in Part 5;                         
          -  references to “grounds” are to grounds on which an appeal under Part 5 may be brought (see section 84).”                         

Commencement Information

I256Sch. 9 para. 55 in force at 20.10.2014 by 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))

#### Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (c. 19)U.K.

56(1)Schedule 3 to the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (removal of asylum seeker to safe third country)                        is amended as follows.U.K.

(2)In paragraph 1, at the end insert—

“(3)Section 92 of the Nationality, Immigration and Asylum Act 2002 makes further provision about the place from which an appeal                           relating to an asylum or human rights claim may be brought or continued.”                  

(3)In paragraph 5—

(a)omit sub-paragraph (2);

(b)in sub-paragraph (3), for the words from “by virtue of” to “rights)” substitute “ from within the United Kingdom ”;

(c)in sub-paragraph (4), for “by virtue of section 92(4)(a) of that Act” substitute “ from within the United Kingdom ”.

(4)In paragraph 10—

(a)omit sub-paragraph (2);

(b)in sub-paragraph (3), for the words from “by virtue of” to “rights)” substitute “ from within the United Kingdom ”;

(c)in sub-paragraph (4), for “by virtue of section 92(4)(a) of that Act” substitute “ from within the United Kingdom ”.

(5)In paragraph 15—

(a)omit sub-paragraph (2);

(b)in sub-paragraph (3), for the words from “by virtue of” to “rights)” substitute “ from within the United Kingdom ”;

(c)in sub-paragraph (4), for “by virtue of section 92(4)(a) of that Act” substitute “ from within the United Kingdom ”.

(6)In paragraph 19—

(a)omit paragraph (a);

(b)in paragraph (b), for the words from “by virtue of” to “rights)” substitute “ from within the United Kingdom ”;

(c)in paragraph (c), for “by virtue of section 92(4)(a) of that Act” substitute “ from within the United Kingdom ”.

Commencement Information

I257Sch. 9 para. 56 in force at 20.10.2014 by 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))

#### Immigration, Asylum and Nationality Act 2006 (c. 13)U.K.

57(1)The Immigration, Asylum and Nationality Act 2006 is amended as follows.U.K.

(2)In section 12(3) (new definition of human rights claims), in paragraph (a) of the definition of “human rights claim”—

(a)after “Kingdom” insert “ or to refuse him entry into the United Kingdom ”;

(b)omit “as being incompatible with his Convention rights”.

(3)Section 13 (appeal from within the United Kingdom: certification of unfounded claim) is repealed.

(4)In section 55 (Refugee Convention: certification), in subsection (2)(a)—

(a)in sub-paragraph (i), omit “, 83 or 101”;

(b)for sub-paragraph (ii) substitute—

“(ii)which is brought on the ground mentioned in section 84(1)(a) or (3)(a) of that Act (breach of United Kingdom's obligations                           under the Refugee Convention);”.                  

(5)In Schedule 1 (consequential amendments) paragraph 11 (amendment to section 112(5) of the 2002 Act) is repealed.

Commencement Information

I258Sch. 9 para. 57 in force at 20.10.2014 by 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))

#### UK Borders Act 2007 (c. 30)U.K.

58U.K.In section 17 of the UK Borders Act 2007 (support for failed asylum-seekers), in subsection (2)—

(a)in paragraph (a), omit “against an immigration decision”;

(b)in paragraph (b), omit “against an immigration decision”.

Commencement Information

I259Sch. 9 para. 58 in force at 20.10.2014 by 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))

#### Equality Act 2010 (c. 15)U.K.

59U.K.In section 115 of the Equality Act 2010 (immigration cases), in subsection (8) after “2D” insert “ and 2E ”.

Commencement Information

I260Sch. 9 para. 59 in force at 20.10.2014 by 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))

#### Consequential repealsU.K.

60U.K.The provisions shown in the table below are repealed in consequence of the amendments made by sections 15 to 18 and this Part                        of this Schedule.

Commencement Information

I261Sch. 9 para. 60 in force at 20.10.2014 by 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))

### **PART 5**U.K.Provision relating to employment

#### Immigration, Asylum and Nationality Act 2006 (c. 13)U.K.

61U.K.In section 15 of the Immigration, Asylum and Nationality Act 2006 (penalty), in subsection (6)(e), after “penalty” insert                        “ or make an appeal against it ”.

Commencement Information

I262Sch. 9 para. 61 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(cc)**

### **PART 6**U.K.Provision relating to driving licences

#### Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1))U.K.

62U.K.In Article 5 of the Road Traffic (Northern Ireland) Order 1981 (tests of competence to drive)—

(a)in paragraph (1), omit “meets the relevant residence requirement and”;

(b)omit paragraph (1A);

(c)in paragraph (4)(aa) for “normally resident in Northern Ireland or the United Kingdom” insert “ normally and lawfully resident in Northern Ireland or the United Kingdom (within the meaning of Article 13A) ”.

Commencement Information

I263Sch. 9 para. 62 in force at 14.7.2014 by S.I. 2014/1820, **art. 2(g)**

#### Road Traffic Act 1988 (c. 52)U.K.

63U.K.In section 89 of the Road Traffic Act 1988 (tests of competence to drive)—

(a)in subsection (1), omit “meets the relevant residence requirement and”;

(b)omit subsection (1A);

(c)in subsection (4)(aa) for “normally resident in Great Britain or the United Kingdom” substituted “ normally and lawfully resident in Great Britain or the United Kingdom (within the meaning of section 97A) ”.

Commencement Information

I264Sch. 9 para. 63 in force at 14.7.2014 by S.I. 2014/1820, **art. 2(g)**

#### Road Safety Act 2006 (c. 49)U.K.

64U.K.In Schedule 3 to the Road Safety Act 2006 (endorsement: all drivers), in paragraph 9—

(a)after sub-paragraph (3) insert—

“(3A)In subsection (3ZA), omit “and its counterpart”.”;                  

(b)in sub-paragraph (6A)(b), at the end insert “ in both places ”.

Commencement Information

I265Sch. 9 para. 64 in force at 14.7.2014 by S.I. 2014/1820, **art. 2(g)**

#### Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10))U.K.

65U.K.In Schedule 5 to the Road Traffic (Northern Ireland) Order 2007 (endorsement: all drivers: consequential amendments), in paragraph                        6, after sub-paragraph (a) insert—

“(aa)in paragraph (5ZA), omit “and its counterpart”.”                  

Commencement Information

I266Sch. 9 para. 65 in force at 14.7.2014 by S.I. 2014/1820, **art. 2(g)**

### **PART 7**U.K.Provision relating to marriage and civil partnership

#### Transitional provisionU.K.

66U.K.The provisions of sections 48 to 51, and the amendments made by Schedule 4, apply only to proposed marriages and civil partnerships                        in respect of which notice under section 27 of the Marriage Act 1949 or under section 8 of the Civil Partnership Act 2004                        is given after the day on which the provisions and amendments come into force.

Commencement Information

I267Sch. 9 para. 66 in force at 1.3.2015 by S.I. 2015/371, **art. 2(1)(l)**

### **PART 8**U.K.Provision relating to immigration advisers and immigration service providers

#### Transitional provisionU.K.

67(1)On the day on which paragraph 2 of Schedule 7 comes into force the Immigration Services Commissioner must register in the                        register maintained under section 85(1) of the Immigration and Asylum Act 1999 each person who, immediately before that day,                        was an exempt person (within the meaning given by section 84(4)(a) of that Act).U.K.

(2)The registration of a person by reason of sub-paragraph (1) may be made so as to have effect only in relation to a specified                        field of advice or services.

Commencement Information

I268Sch. 9 para. 67 in force at 17.11.2014 by S.I. 2014/2771, **art. 5(d)**

68(1)In the provisions listed in sub-paragraph (2)—U.K.

(a)references to a person who, at the time to which a charge or (as the case may be) a complaint relates, was a registered person                        do not include a person who ceased to be a registered person before the day on which paragraph 7 of Schedule 7 comes into                        force;

(b)references to a person who, at the time to which a charge or (as the case may be) a complaint relates, was acting on behalf                        of a registered person do not include—

(i)a person who ceased to act on behalf of a registered person before that day;

(ii)a person who was acting on behalf of a person who ceased to be a registered person before that day.

(2)The provisions are—

(a)section 89(2) to (2B) of the Immigration and Asylum Act 1999;

(b)paragraph 5(3)(za), (aa) and (d) of Schedule 5 to that Act;

(c)paragraph 9(1)(a), (1A) and (4)(a) of Schedule 5 to that Act.

Commencement Information

I269Sch. 9 para. 68 in force at 17.11.2014 by S.I. 2014/2771, **art. 5(d)**

69(1)The provisions listed in paragraph 68(2) (apart from paragraph 5(3)(d) of Schedule 5 to the Immigration and Asylum Act 1999)                        apply in relation to a person who—U.K.

(a)was an exempt person immediately before the day on which paragraph 2 of Schedule 7 comes into force, and

(b)became a registered person on that day by virtue of paragraph 67(1),

as if, while the person was an exempt person, the person had been a registered person.

(2)In paragraph 10A(2)(a) of Schedule 5 to the Immigration and Asylum Act 1999, the reference to premises which have been used                        in connection with the provision of immigration advice or immigration services by a registered person includes premises which                        have been so used by an exempt person.

(3)In this paragraph “exempt person” has the meaning given by section 84(4)(a) of the Immigration and Asylum Act 1999.

Commencement Information

I270Sch. 9 para. 69 in force at 17.11.2014 by S.I. 2014/2771, **art. 5(d)**

### **PART 9**U.K.Provision relating to persons unable to acquire nationality because natural father not married to mother

#### British Nationality Act 1981U.K.

70(1)The British Nationality Act 1981 is amended as follows.U.K.

(2)In section 14 (meaning of “British citizen “by descent””), in subsection (1), after paragraph (d) insert—

“(da)the person is a British citizen by descent by virtue of section 4F(3), 4G(2), 4H(2) or 4I(4); or”.                  

F71(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F71Sch. 9 para. 70(3) omitted (25.7.2019) by virtue of The British Nationality Act 1981 (Remedial) Order 2019 (S.I. 2019/1164), arts. 1(1), **3**

Commencement Information

I271Sch. 9 para. 70 in force at 6.4.2015 by S.I. 2015/874, **art. 2(c)**

#### British Nationality (General) Regulations 2003U.K.

71(1)In regulation 14 of the British Nationality (General) Regulations 2003—U.K.

(a)after “4D(3)” insert “ or 4G(3) ”;

(b)after “section 4D” insert “ or 4G ”.

(2)The provision inserted into regulation 14 by this paragraph may be amended or revoked by the exercise of the powers conferred                        by section 41 of the British Nationality Act 1981 as if that provision had been inserted by those powers.

Commencement Information

I272Sch. 9 para. 71 in force at 6.4.2015 by S.I. 2015/874, **art. 2(c)**

### **PART 10**U.K.Provision relating to embarkation checks

#### Transitional provisionU.K.

72(1)Any order or direction under paragraph 5 of Schedule 2 to the Immigration Act 1971 that has effect immediately before commencement                        has, after commencement, the same effect in relation to the production of embarkation cards to designated persons as it has                        in relation to the production of such cards to immigration officers.U.K.

(2)This paragraph is subject to the exercise, after commencement, of the powers under paragraph 5 of Schedule 2 to the Immigration                        Act 1971.

(3)In this paragraph “commencement” means the day when the amendments made by Part 1 of Schedule 8 come into force.

Commencement Information

I273Sch. 9 para. 72 in force at 28.7.2014 by S.I. 2014/1820, **art. 3(cc)**

### **PART 11**U.K.Provision relating to fees

#### Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19)U.K.

73(1)Section 42 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (amount of fees) is amended as follows.U.K.

(2)Omit subsections (1) to (2A).

(3)For subsection (3A) substitute—

“(3A)The amount of a fee under section 1 of the Consular Fees Act 1980 in respect of a matter specified in subsection (3B) may                           be set so as to reflect costs referable to the exercise of any function in respect of which the Secretary of State has made                           an order under section 68 of the Immigration Act 2014.                  

(3B)The matters are—                  

(a)the determination of applications for entry clearances (within the meaning given by section 33(1) of the Immigration Act 1971),                  

(b)the determination of applications for transit visas under section 41 of the Immigration and Asylum Act 1999, or                  

(c)the determination of applications for certificates of entitlement to the right of abode in the United Kingdom under section                           10 of the Nationality, Immigration and Asylum Act 2002.”                  

(4)In subsection (4) omit “(1)(b) or”.

(5)In subsection (7) omit from “(and any provision” to the end.

Commencement Information

I274Sch. 9 para. 73 in force at 15.12.2014 by S.I. 2014/2771, **art. 8(d)** (with art. 13) (as amended (6.4.2015) by S.I. 2015/371, arts. 1(3), 8(5))

#### Immigration, Asylum and Nationality Act 2006 (c. 13)U.K.

74U.K.Sections 51 and 52 of the Immigration, Asylum and Nationality Act 2006 (fees) are repealed.

Commencement Information

I275Sch. 9 para. 74 in force at 15.12.2014 by S.I. 2014/2771, **art. 8(d)** (with art. 13) (as amended (6.4.2015) by S.I. 2015/371, arts. 1(3), 8(5))

#### UK Borders Act 2007 (c. 30)U.K.

75U.K.For section 15(2)(b) of the UK Borders Act 2007 (application of certain provisions to applications for biometric immigration                        documents) substitute—

“(b)section 68 of the Immigration Act 2014 (fees);”.                  

Commencement Information

I276Sch. 9 para. 75 in force at 15.12.2014 by S.I. 2014/2771, **art. 8(d)** (with art. 13) (as amended (6.4.2015) by S.I. 2015/371, arts. 1(3), 8(5))

#### Consequential repealsU.K.

76U.K.The following provisions are repealed in consequence of the amendments made by this Part of this Schedule—

(a)paragraph 6 of Schedule 2 to the Immigration, Asylum and Nationality Act 2006;

(b)section 20 of the UK Borders Act 2007.

Commencement Information

I277Sch. 9 para. 76 in force at 15.12.2014 by S.I. 2014/2771, **art. 8(d)** (with art. 13) (as amended (6.4.2015) by S.I. 2015/371, arts. 1(3), 8(5))