Legalize / United Kingdom / Public General Act

Immigration Act 2014

Type Public General Act

Publication 2014-05-14

Last updated 2026-02-04

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 1

Reform history JSON API

(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.

Driving licences

Grant of driving licences: residence requirement

46

(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—

(97A) (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—

(13A) (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.

Revocation of driving licences on grounds of immigration status

47

(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) ”;

(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.

PART 4 — Marriage and civil partnership

CHAPTER 1 — Referral and investigation of proposed marriages and civil partnerships

Investigation

Decision whether to investigate

48

(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.

(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.

(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 referred 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, ...

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

(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.

(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.

Exempt persons

49

(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

(2) A person has the appropriate immigration status if the person—

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

(b) is exempt from immigration control; or

(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.

Conduct of investigation

50

(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” in 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—subsection (3);section 27E, 28B or 28C of the Marriage Act 1949;regulations under section 28D of that Act;section 8A, or any of sections 9 to 9B, of the Civil Partnership Act 2004.

“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—subsection (3);regulations under paragraph 4 of Schedule 5;Article 3A or 3B of the Marriage (Northern Ireland) Order 2003;Article 5 of the Marriage (Northern Ireland) Order 2003 so far as that requirement relates to nationality;section 139A or 139B of the Civil Partnership Act 2004;section 141 of the Civil Partnership Act 2004 so far as that requirement relates to nationality.

“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—subsection (3);regulations under paragraph 4 of Schedule 5;section 3(4A), 3A or 3B of the Marriage (Scotland) Act 1977;section 88(8), 88A or 88B of the Civil Partnership Act 2004.

Investigations: supplementary

51

(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;

(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;

(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.

Referral

Referral of proposed marriages and civil partnerships in England and Wales

52

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

Scotland and Northern Ireland

Extension of scheme to Scotland and Northern Ireland

53

(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;

(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;

(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,

(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—one of the parties is not an exempt person, orboth of the parties are not exempt persons;

“enactment” includes—an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;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.

Supplementary provision

54

(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.

CHAPTER 2 — Sham marriage and civil partnership

Meaning of “sham marriage” and “sham civil partnership”

55

(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— 1. a British citizen, 2. a national of an EEA State other than the United Kingdom, or 3. 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— 1. a British citizen, 2. a national of an EEA State other than the United Kingdom, or 3. 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.

Duty to report suspicious marriages and civil partnerships

56

(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”;

(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”;

(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 3 — Other provisions

Persons not relevant nationals etc: marriage on superintendent registrar's certificates

Solemnization of marriage according to rites of Church of England

57

(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)

;

(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

;

, 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.

Requirement as to giving of notice of marriage or civil partnership

58

(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—

(3) This Part of this Schedule applies as mentioned in paragraph A1.

(8) For paragraph 8 substitute—

(8) This Part of this Schedule applies as mentioned in paragraph 1(1A).

(9) For paragraph 12 substitute—

(12) This Part of this Schedule applies as mentioned in paragraph 1(1B).

Information

59

Schedule 6 (information) has effect.

Miscellaneous

Regulations about evidence

60

(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;

(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;

(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.

Notices

61

(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.

Interpretation of this Part

62

(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” means—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;in relation to regulations that apply to proposed marriages or civil partnerships under the law of Northern Ireland, the Registrar General for Northern Ireland; in 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 British citizen, an Irish citizen; a person who is not an Irish citizen 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, oris 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;......

“relevant statutory period” means—in relation to a proposed marriage under the law of England and Wales, the period—beginning the day after notice of the proposed marriage is recorded in the marriage register in accordance with Part 3 of the Marriage Act 1949, ... andending at the end of the period of 28 days beginning with that day; in relation to a proposed marriage under the law of Northern Ireland, the period—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; andending at the end of the period of 28 days beginning with that day; in relation to a proposed marriage under the law of Scotland, the period— 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), andending at the end of the period of 28 days beginning with that day;in relation to a proposed civil partnership under the law of England and Wales, the period—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, andending at the end of the period of 28 days beginning with that day; in relation to a proposed civil partnership under the law of Northern Ireland, the period— 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, andending at the end of the period of 28 days beginning with that day; in relation to a proposed civil partnership under the law of Scotland, the period— 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, andending at the end of the period of 28 days beginning with that day;

“section 48 notice” means— 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),in relation to a proposed marriage or civil partnership under the law of Northern Ireland, a notice given under section 48(8A) or (8B), in 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.

PART 5 — Oversight

Office of the Immigration Services Commissioner

Immigration advisers and immigration service providers

63

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

Police Ombudsman for Northern Ireland

64

After section 60ZA of the Police (Northern Ireland) Act 1998 insert—

(60ZB) (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. (60ZC) (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.).

PART 6 — Miscellaneous

Citizenship

Persons unable to acquire citizenship: natural father not married to mother

65

After section 4D of the British Nationality Act 1981 insert—

(4E) 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. (4F) (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. (4G) (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). (4H) (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. (4I) (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)— 1. providing for a country or territory to become independent from the United Kingdom, or 2. 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— 1. ceasing to be a British subject or citizen of the United Kingdom and Colonies (as mentioned in subsection (2)(a)), or 2. not becoming a citizen of the United Kingdom and Colonies (as mentioned in subsection (2)(b)). (4J) (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.

Deprivation if conduct seriously prejudicial to vital interests of the UK

66

(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—

(40B) (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— 1. the initial one year period, or 2. the most recent subsequent three year period.

Embarkation checks

67

Schedule 8 (embarkation checks) has effect.

Fees

68

(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;

(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);

(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—the costs of the Secretary of State, andthe 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;

and, for this purpose, “arrangements” includes arrangements for the convenience of applicants, claimants or persons making requests for the exercise of a function.

Fees orders and fees regulations: supplemental

69

(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

Power to charge fees for attendance services in particular cases

70

(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);

(d) any other power to charge a fee.

Welfare of children

Duty regarding the welfare of children

71

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).

PART 7 — Final provisions

Financial provision

72

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.

Transitional and consequential provision

73

(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;

(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.

Orders and regulations

74

(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;

(ba) regulations under section 40A(4);

(bb) regulations under section 40B;

(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);

(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;

(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,

(d) make incidental, supplementary or consequential provision.

Commencement

75

(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.

Extent

76

(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).

Short title

77

This Act may be cited as the Immigration Act 2014.

SCHEDULE 1

Power to escort detained persons

1

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 ”.

Power to search detained persons

2

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

(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.

(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 ”.

(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 ”.

Entry and search of premises

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.

(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”;

(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.

4

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

General power to use reasonable force

5

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 ”.

SCHEDULE 2

Immigration Act 1971 (c. 77)

1

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

(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) ”.

Immigration and Asylum Act 1999 (c. 33)

2

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

(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.

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

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.

(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).

4

(1) Section 127 of that Act (voluntary provision of physical data) is amended as follows.

(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);

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

5

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;

SCHEDULE 3

1

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

(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;

(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.

2

(1) This paragraph applies for the purposes of paragraph 1.

(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.

Care homes

3

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

(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;

(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)).

Hospitals and hospices

4

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

(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;

(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.

Other accommodation relating to healthcare provision

5

(1) An agreement—

(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) an integrated care board, or

(ii) NHS England;

(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.

Hostels and refuges

6

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

(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;

(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,

(d) threats of any such violence or abuse.

(6) In this paragraph—

“government department” includes—any part of the Scottish Administration;a Northern Ireland department;the Welsh Assembly Government;any body or authority exercising statutory functions on behalf of the Crown;

“registered housing association” means—a private registered provider of social housing;a registered social landlord within the meaning of Part 1 of the Housing Act 1996 or section 165 of the Housing (Scotland) Act 2010;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.

Accommodation from or involving local authorities

7

(1) An agreement—

(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;

Accommodation provided by virtue of immigration provisions

8

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);

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.