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Immigration Act 2014

Sections268

Immigration Act 2014

2014 c. 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.

Enacted[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:—C44C55C56

PART 1  Removal and other powers

Removal

I66C461 Removal of persons unlawfully in the United Kingdom

For section 10 of the Immigration and Asylum Act 1999, substitute—

I122 Restriction on removal of children and their parents etc

After section 78 of the Nationality, Immigration and Asylum Act 2002, insert—

I133 Independent Family Returns Panel

Before section 55 of the Borders, Citizenship and Immigration Act 2009, insert—

Powers of immigration officers

I144 Enforcement powers

Schedule 1 (enforcement powers) has effect.

Detention and bail

I155 Restrictions on detention of unaccompanied children

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—
3 In paragraph 18, after sub-paragraph (1) insert—
4 After paragraph 18A (as inserted by paragraph 2 of Schedule 1) insert—

I166 Pre-departure accommodation for families

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—
;
b after the definition of “escort monitor” insert—
;
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—
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—

7 Immigration bail: repeat applications and effect of removal directions

I171 Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended as follows.
I172 In paragraph 22 (bail) at the end insert—
I1423 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—
I1424 In paragraph 29 (grant of bail pending appeal), in sub-paragraph (1), at the end insert “ (and paragraph 22 does not apply) ”.
I175 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
I1426 After paragraph 33, insert—

Biometrics

I18C29C478 Provision of biometric information with immigration applications

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—
3 In subsection (4), after paragraph (f) insert—
.
4 In subsection (9), after the definition of “code” insert—
.

I19C23C369 Identifying persons liable to detention

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 ”.

I2010 Provision of biometric information with citizenship applications

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—
.
3 After subsection (1) insert—
4 In subsection (8)(b) for “(1)(bc)” substitute “ (1)(bza), (bc) ”.

I21C3511 Biometric immigration documents

After section 7(2) of the UK Borders Act 2007 (effect of failure to comply with regulations about biometric immigration documents) insert—

I22C37C4812 Meaning of “biometric information”

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—
C244 Schedule 2 (which amends other enactments) has effect.

I23C26C38C4913 Safeguards for children

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—
3 In paragraph 18 (power to take biometric information from detained persons), after sub-paragraph (2A) insert—

I24C27C4514 Use and retention of biometric information

1 For section 8 of the UK Borders Act 2007 substitute—
2 In the Immigration and Asylum Act 1999, after section 144 insert—
C303 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—

PART 2  Appeals etc

I6715 Right of appeal to First-tier Tribunal

1 Part 5 of the Nationality, Immigration and Asylum Act 2002 (immigration and asylum appeals) is amended as follows.
2 For section 82 substitute—
3 Sections 83 and 83A (appeal rights in respect of asylum claims) are repealed.
4 For section 84 substitute—
5 In section 85 (matters to be considered), for subsection (5) substitute—

I14316 Report by Chief Inspector on administrative review

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.

17 Place from which appeal may be brought or continued

I251 Part 5 of the Nationality, Immigration and Asylum Act 2002 (immigration and asylum appeals) is amended as follows.
I682 For section 92 substitute—
I253 After section 94A, insert—

I24318 Review of certain deportation decisions by Special Immigration Appeals Commission

In the Special Immigration Appeals Commission Act 1997, after section 2D insert—

I2619 Article 8 of the ECHR: public interest considerations

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

PART 3 Access to services etc

CHAPTER 1 Residential tenancies

Key interpretation

I160I24920 Residential tenancy agreement

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.

I161I250C4121 Persons disqualified by immigration status or with limited right to rent

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, F54...
F54ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 In this section “relevant national” means—
a a British citizen,
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.
F56b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Penalty notices

I162I25122 Persons disqualified by immigration status not to be leased premises

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).

I163I25223 Penalty notices: landlords

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 £20,000.
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.
I2786 The Secretary of State may by order amend the amount for the time being specified in subsection (2).

I164C4C2I25324 Excuses available to landlords

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.

I165I25425 Penalty notices: agents

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 £20,000.
I2795 The Secretary of State may by order amend the amount for the time being specified in subsection (4).

I166C5C3I25526 Excuses available to agents

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.

I167I256C4227 Eligibility period

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—
F57a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b grants to the holder a right to enter or remain in the United Kingdom for such period as the document may authorise.

I168I25728 Penalty notices: general

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.

Objections, appeals and enforcement

I169I25829 Objection

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.

I170I25930 Appeals

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.

I171I26031 Enforcement

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.

Codes of practice

I18632 General matters

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.

I18733 Discrimination

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.

Offences

33A Offences: landlords

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.

33B Offences: agents

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.

33C Offences: penalties etc

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 the general limit in a magistrates’ court, to a fine or to both.
2 In the application of this section in relation to an offence committed before 2 May 2022 the reference in subsection (1)(b) to the general limit in a magistrates’ court 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).

Eviction

33D Termination of agreement where all occupiers disqualified

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.
C163 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.

33E Other procedures for ending agreement

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.

General

I18834 Orders

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 , a DVS-registered person or a DVS-registered person of a prescribed description 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 , a DVS-registered person or a DVS-registered person of a prescribed description 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 , including steps involving the use of services provided by a DVS-registered person or a DVS-registered person of a prescribed description;
d take such other steps before or during the course of a residential tenancy agreement as the order may specify.
1A An order prescribing requirements for the purposes of this Chapter which contains provision described in subsection (1)(a) or (b) may, in particular—
a prescribe a document generated by a DVS-registered person or a DVS-registered person of a prescribed description;
b prescribe a document which was provided to such a person in order to generate such a document.
1B In subsections (1) and (1A), “DVS-registered person” means a person who is registered in the DVS register maintained under Part 2 of the Data (Use and Access) Act 2025 (“the DVS register”).
1C An order prescribing requirements for the purposes of this Chapter which prescribes a description of DVS-registered person may do so by, for example, describing a DVS-registered person whose entry in the DVS register includes a note relating to prescribed services (see section 36 of the Data (Use and Access) Act 2025).
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.

I18935 Transitional provision

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.
C13 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.
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.
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).

I19036 Crown application

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

I19137 Interpretation

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), F28...
iii section 26(6)(a) and (7)(b),
iv section 33A,
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.

CHAPTER 2 Other services etc

National Health Service

I144C5838 Immigration health charge

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.

I245C5939 Related provision: charges for health services

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 unless 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).
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.

Bank accounts

I19240 Prohibition on opening current accounts for disqualified persons

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.
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.

40A Requirement to carry out immigration checks in relation to current accounts

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).

40B Requirement to notify existence of current accounts for disqualified persons

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.

40C Action to be taken by Secretary of State following section 40B notification

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.

40D Freezing orders

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—
    1. in England and Wales, a magistrates' court;
    2. in Scotland, the sheriff;
    3. 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.

40E Freezing orders: appeals

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.

40F Freezing orders: code of practice

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.

40G Closure of accounts not subject to freezing order

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.

40H Sections 40A to 40G: interpretation

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).

I241 Regulation by Financial Conduct Authority

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 and 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 or 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.

I342 “Bank” and “building society”

1 In sections 40 to 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;
F60b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 A reference in subsection (2) to a person F61... with permission to accept deposits does not include a person F61... 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 to 41 , and in subsection (4), “building society” means a building society incorporated (or deemed to be incorporated) under the Building Societies Act 1986.

I443 Power to amend

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) or the requirement in section 40A(1) applies;
c to include provision defining a category of account specified in section 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.

Work

I2744 Appeals against penalty notices

In section 17 of the Immigration, Asylum and Nationality Act 2006 (appeal), for subsections (4) and (5) substitute—

I2845 Recovery of sums payable under penalty notices

In section 18 of the Immigration, Asylum and Nationality Act 2006 (enforcement), for subsections (1) and (2) substitute—

Driving licences

I546 Grant of driving licences: residence requirement

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—
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—

I647 Revocation of driving licences on grounds of immigration status

1 In section 99 of the Road Traffic Act 1988 (duration of licences)—
a after subsection (3) insert—
;
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—
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—
;
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—

PART 4  Marriage and civil partnership

CHAPTER 1 Referral and investigation of proposed marriages and civil partnerships

Investigation

I20048 Decision whether to investigate

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, F64...
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.

I114I201C7C8C9C649 Exempt persons

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—
F68a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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).
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.

I115I20250 Conduct of investigation

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—
    1. subsection (3);
    2. section 27E, 28B or 28C of the Marriage Act 1949;
    3. regulations under section 28D of that Act;
    4. 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—
    1. subsection (3);
    2. regulations under paragraph 4 of Schedule 5;
    3. Article 3A or 3B of the Marriage (Northern Ireland) Order 2003;
    4. Article 5 of the Marriage (Northern Ireland) Order 2003 so far as that requirement relates to nationality;
    5. section 139A or 139B of the Civil Partnership Act 2004;
    6. 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—
    1. subsection (3);
    2. regulations under paragraph 4 of Schedule 5;
    3. section 3(4A), 3A or 3B of the Marriage (Scotland) Act 1977;
    4. section 88(8), 88A or 88B of the Civil Partnership Act 2004.

I116I20351 Investigations: supplementary

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.

Referral

I117I20452 Referral of proposed marriages and civil partnerships in England and Wales

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

Scotland and Northern Ireland

I132I23453 Extension of scheme to Scotland and Northern Ireland

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—
    1. one of the parties is not an exempt person, or
    2. both of the parties are not exempt persons;
  • “enactment” includes—
    1. an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
    2. an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
    3. 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.

I13354 Supplementary provision

I2351 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.
I2358 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

I236C5055 Meaning of “sham marriage” and “sham civil partnership”

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—
.
3 In section 24A (duty to report suspicious civil partnerships), for subsection (5) substitute—
.

56 Duty to report suspicious marriages and civil partnerships

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—
;
b at the end of paragraph (c), omit “or”;
c after paragraph (c) insert—
;
d after paragraph (d) insert
.
3 In section 24A (duty to report suspicious civil partnerships), in subsection (1)—
a after paragraph (a) insert—
;
b at the end of paragraph (c), omit “or”;
c after paragraph (c) insert—
;
d after paragraph (d) insert
.

CHAPTER 3 Other provisions

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

I24257 Solemnization of marriage according to rites of Church of England

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—
;
b in the words after paragraph (d), for “except that paragraph (a)” substitute—
;
c at the end insert—
.
3 In section 8 (notice to clergy before publication of banns)—
a at the beginning insert—
;
b for “delivered to him a notice” substitute
;
c at the end insert
.
4 In section 16 (provisions as to common licences), before subsection (2) insert—
.

I23758 Requirement as to giving of notice of marriage or civil partnership

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—
.
3 For subsection (4) substitute—
.
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—
.
6 For paragraph 1(1) substitute—
.
7 For paragraph 3 substitute—
.
8 For paragraph 8 substitute—
.
9 For paragraph 12 substitute—
.

Information

59 Information

Schedule 6 (information) has effect.

Miscellaneous

I14060 Regulations about evidence

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.

I14161 Notices

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.

62 Interpretation of this Part

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—
    1. 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;
    2. in relation to regulations that apply to proposed marriages or civil partnerships under the law of Northern Ireland, the Registrar General for Northern Ireland;
    3. 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—
    1. a British citizen,
    2. an Irish citizen;
    3. a person who is not an Irish citizen who—
      1. 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
      2. 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;
    4. F70...
    5. F70...
  • “relevant statutory period” means—
    1. in relation to a proposed marriage under the law of England and Wales, the period—
      1. 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, F67... and
      2. ending at the end of the period of 28 days beginning with that day;
    2. in relation to a proposed marriage under the law of Northern Ireland, the period—
      1. 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
      2. ending at the end of the period of 28 days beginning with that day;
    3. in relation to a proposed marriage under the law of Scotland, the period—
      1. 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
      2. ending at the end of the period of 28 days beginning with that day;
    4. in relation to a proposed civil partnership under the law of England and Wales, the period—
      1. 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
      2. ending at the end of the period of 28 days beginning with that day;
    5. in relation to a proposed civil partnership under the law of Northern Ireland, the period—
      1. 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
      2. ending at the end of the period of 28 days beginning with that day;
    6. in relation to a proposed civil partnership under the law of Scotland, the period—
      1. 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
      2. ending at the end of the period of 28 days beginning with that day;
  • “section 48 notice” means—
    1. 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),
    2. in relation to a proposed marriage or civil partnership under the law of Northern Ireland, a notice given under section 48(8A) or (8B),
    3. 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

I29I145I15063 Immigration advisers and immigration service providers

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

Police Ombudsman for Northern Ireland

I3064 Police Ombudsman for Northern Ireland

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

PART 6  Miscellaneous

Citizenship

I24465 Persons unable to acquire citizenship: natural father not married to mother

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

I3166 Deprivation if conduct seriously prejudicial to vital interests of the UK

1 In section 40 of the British Nationality Act 1981 (deprivation of citizenship), after subsection (4) insert—
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—

Embarkation checks

I32C18C1067 Embarkation checks

Schedule 8 (embarkation checks) has effect.

Fees

I193C14C15C5168 Fees

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—
    1. the costs of the Secretary of State, and
    2. 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.

I194C14C15C5269 Fees orders and fees regulations: supplemental

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.

I33C14C15C5370 Power to charge fees for attendance services in particular cases

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.

C4370A Immigration skills charge

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;
aa an Irish citizen;
b a person who has leave to enter or remain in the United Kingdom granted by virtue of residence scheme immigration rules.
F52c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52d . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 In this section “entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971 and “residence scheme immigration rules” has the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020 .

Welfare of children

I3471 Duty regarding the welfare of children

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

72 Financial provision

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.

I173 Transitional and consequential provision

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
.
I7I35I146I69I151I195I238I240I246C19C11C33I2756 Schedule 9 (transitional and consequential provision) has effect.

74 Orders and regulations

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;
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);
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.

75 Commencement

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.

76 Extent

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).
C13C54C576 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).

C28C3977 Short title

This Act may be cited as the Immigration Act 2014.

SCHEDULES

SCHEDULE 1 

Enforcement powers

Section 4

Power to escort detained persons

I361In 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

I372
1 In Schedule 2 to the Immigration Act 1971, after paragraph 18 insert—
F12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 ”.
F24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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

I383
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—
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—
I394In 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

I405In 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 ”.

C25C40SCHEDULE 2 

Meaning of biometric information

Section 12

Immigration Act 1971 (c. 77)

I411
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—
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)

I422
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—

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

I43C313
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—
.
5 In that subsection, omit the definition of “external physical characteristics” (and the “and” before it).
I44C324
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—
;
b omit the “and” at the end of paragraph (b);
c omit paragraph (c).

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

I455In 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—
.

SCHEDULE 3 

Excluded residential tenancy agreements

Section 20

Social housing

I172I2611
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;
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.
I173I2622
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

I174I2633
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

I175I2644
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;
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.

Other accommodation relating to healthcare provision

I176I2655
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

I177I2666
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;
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—
    1. any part of the Scottish Administration;
    2. a Northern Ireland department;
    3. the Welsh Assembly Government;
    4. any body or authority exercising statutory functions on behalf of the Crown;
  • “registered housing association” means—
    1. a private registered provider of social housing;
    2. a registered social landlord within the meaning of Part 1 of the Housing Act 1996 or section 165 of the Housing (Scotland) Act 2010;
    3. 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

I178I2677
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;
c in relation to Northern Ireland, Article 3 of the Housing (Northern Ireland) Order 1988 (S.I. 1988/1990 (N.I. 23)).

Accommodation provided by virtue of immigration provisions

I179I2688An 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).

Mobile homes

I180I2699An agreement to which the Mobile Homes Act 1983 applies.

Tied accommodation

I181I27010
1 An agreement that grants a right of occupation of tied accommodation.
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).

Student accommodation

I182I27111
1 An agreement that grants a right of occupation in a building which—
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)).
I183I27212An 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).

Long leases

I184I27313
1 An agreement that—
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.

Interpretation

I185I27414
1 This paragraph applies for the purposes of this Schedule.
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.)).

SCHEDULE 4 

Referral of proposed marriages and civil partnerships in England and Wales

Section 52

PART 1  Marriage

Introduction

I118I2051The Marriage Act 1949 is amended in accordance with this Part of this Schedule.

Supply of additional information and evidence

I2062
1 Section 27 (notice of marriage) is amended in accordance with this paragraph.
2 In subsection (3), after “surname,” insert “ the date of birth, ”.
3 In subsection (4), for “27A” substitute “ 27ZA ”.
I2073
1 After section 27 insert—
.
2 Omit section 27A(5).
I119I2084After section 27D insert—
.
I2095In section 28 (declaration to accompany notice of marriage), in subsection (1), after paragraph (c) insert—
.
I2106
1 Section 28A (power to require evidence) is amended in accordance with this paragraph.
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).
I120I2117After section 28A insert—
.

Referral to Secretary of State

I121I2128After section 28G insert—
.
I2139Before Schedule 4 insert—
.

Notice period

I122I21410
1 Section 31 (marriage under certificate without licence) is amended in accordance with this paragraph.
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—
.
4 In subsection (5H), after “(5D)” insert “ or (5ED) ”.

Marriage referred to Secretary of State: issue of certificates

I21511
1 In section 31 (marriage under certificate without licence), at the end insert—
.
2 After section 31 insert—
.
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—
;
d after subsection (3) insert—
;
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)) ”.

Certificates

I21612
1 Section 35 (marriage in registration district in which neither party resides) is amended in accordance with sub-paragraphs (2) and (3).
2 After subsection (3) insert—
.
3 After subsection (5) insert—
.
4 Omit section 38.

One party resident in Scotland

I21713In 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 ”.

Proof of certain matters not necessary to validity of marriages

I21814In 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
.

Regulations etc

I123I21915In section 74 (regulations), after subsection (2) insert—
.

Offences

I22016In section 75 (offences relating to solemnization of marriages), in subsection (3)(a), for “15 days” substitute “ 28 days ”.

Relevant nationals

I124I22117In section 78 (interpretation of the 1949 Act), in subsection (1), after the definition of “registration district” insert—
.

PART 2  Civil partnership

Introduction

I125I22218The Civil Partnership Act 2004 is amended in accordance with this Part of this Schedule.

Supply of additional information and evidence

I22319
1 Section 8 (notice of proposed civil partnership and declaration) is amended in accordance with this paragraph.
2 In subsection (4), after paragraph (b) insert—
.
3 After subsection (5) insert—
.
I126I22420After section 8 insert—
.
I127I22521For section 9 substitute—
.

Notice period

I22622In section 11 (meaning of “the waiting period”), for “15” substitute “ 28 ”.
I128I22723
1 Section 12 (power to shorten the waiting period) is amended in accordance with this paragraph.
2 In subsection (1), for “15” substitute “ 28 ”.
3 After subsection (3) insert—
.

Referral to Secretary of State

I129I22824After section 12 insert—
.
I22925After Schedule 3 insert—
.

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

I23026
1 In section 14 (issue of civil partnership schedule), at the end insert—
.
2 After section 14 insert—
.
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—
.
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—
;
c in subsection (4), for “such costs and damages” substitute “ costs and damages in accordance with subsection (3) or (3A) ”.

Relevant nationals

I130I23127After section 30 insert—
.

Regulations and orders

I131I23228
1 Section 36 (regulations and orders) is amended in accordance with this paragraph.
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 ”.

Proof of certain matters not necessary to validity of civil partnership

I23329In 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
.

SCHEDULE 5 

Sham marriage and civil partnership: administrative regulations

Section 54

Introduction

I1341
1 This Schedule sets out the kinds of regulations which may be made by the Secretary of State under section 54(2).
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.

Notices

I1352
1 The Secretary of State may make regulations which make provision about the giving of relevant notices.
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).

Evidence

I1363
1 The Secretary of State may make regulations about the supply of evidence in accordance with a relevant evidence provision.
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.

Change of address

I1374
1 The Secretary of State may, by regulations, make provision about the giving to the Secretary of State of—
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.

Referral

I1385
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.
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.

Applications for shortening of waiting period

I1396
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.
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).

SCHEDULE 6 

Information

Section 59

PART 1  Disclosure of information etc where proposed marriage or civil partnership referred to Secretary of State

1
1 This paragraph 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.
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  Disclosure of information etc for immigration purposes etc

Disclosures by registration officials

2
1 A registration official may—
a disclose any information held by the registration official, or
b supply any document held by the registration official,
to the Secretary of State, or to another registration official, for use for either of the following purposes.
2 Those purposes are—
a immigration purposes;
b purposes connected with the exercise of functions relating to—
i the referral of proposed marriages to the Secretary of State under section 28H of the Marriage Act 1949, or
ii the referral of proposed civil partnerships to the Secretary of State under section 12A of the Civil Partnership Act 2004.
3 In this paragraph “immigration purposes” means—
a the administration of immigration control under the Immigration Acts;
b the prevention, detection, investigation or prosecution of criminal offences relating to immigration;
c the imposition of penalties or charges under Part 3 of the Immigration and Asylum Act 1999;
d the provision of support for asylum-seekers and their dependants under Part 6 of that Act;
e such other purposes as may be specified by the Secretary of State by order.
3A registration official may disclose to another registration official—
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 State

4
1 The Secretary of State may—
a disclose any information held by the Secretary of State, or
b supply any document held by the Secretary of State,
to a registration official for use for verification purposes.
2 In this paragraph “verification purposes” means—
a assisting in the verification of information provided to a relevant official by a person giving—
i notice of 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  Disclosure of information etc for prevention of crime etc

5
1 A registration official may—
a disclose any information held by the registration official, or
b supply any document held by the registration official,
to 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  General provisions

Limitations on powers

6
1 This Schedule does not authorise—
a a disclosure, in contravention of any provisions of the data protection legislation, of personal data which is not exempt from those provisions, or
b a disclosure which is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016 .
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).

No breach of confidentiality etc

7A 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 documents

8A 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 powers

9This Schedule does not limit any other power under which—
a information may be disclosed, or
b documents may be supplied.

Meaning of “registration official”

10A “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).

SCHEDULE 7 

Immigration advisers and immigration service providers

Section 63

Introductory

I1471Part 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.

Removal of Commissioner's power of exemption from registration

I1522
1 In section 84(4) (persons exempt from prohibition on provision of immigration advice and services by unqualified persons)—
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.

Waiver of fees for registration

I1483
1 Paragraph 5 of Schedule 6 (fees for registration) is amended as follows.
2 In sub-paragraph (1)—
a after “order” insert “ (a) ”;
b at the end insert—
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)) ”.

Cancellation of registration by Commissioner

I1534
1 In section 87(3) (decisions of Commissioner which may be appealed to First-tier Tribunal) after paragraph (ea) insert—
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—
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—

Suspension of registration

I1545
1 In section 84(3) (limitations on effect of registration)—
a after “subject to” insert “ (a) ”;
b at the end insert—
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—

Inspections

I466After paragraph 4 of Schedule 5 insert—

Complaints and investigations

I1557
1 For section 89(2) (powers of Tribunal on hearing charge against registered person) substitute—
2 In paragraph 5(3) of Schedule 5 (complaints which may be investigated by Commissioner)—
a before paragraph (a) insert—
;
b in paragraph (a) for “a person” substitute “ any other person ”;
c after paragraph (a) insert—
;
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—
.
4 After paragraph 9(1) insert—
5 For paragraph 9(4) substitute—

Power of entry and inspection

I1568
1 Omit paragraph 7 of Schedule 5 (and the cross-heading before it).
2 After paragraph 10 of that Schedule insert—

C20C12C17SCHEDULE 8 

Embarkation checks

Section 67

PART 1 Functions exercisable by designated persons

Introduction

I471Schedule 2 to the Immigration Act 1971 (administrative provisions as to control on entry etc) is amended in accordance with this Part of this Schedule.

Examinations by designated person

I482
1 Paragraph 3 is amended as follows.
2 In sub-paragraph (1), after “immigration officer” insert “ or designated person ”.
3 For sub-paragraph (1A) substitute—
.

Information and documents

I493
1 Paragraph 4 is amended as follows.
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—
.
7 In sub-paragraph (5), after “examination” insert “ , or any immigration officer or designated person, ”.

Embarkation cards

I504
1 Paragraph 5 is amended in accordance with sub-paragraphs (2) and (3).
2 For “requiring passengers” substitute
.
3 For “cards in such form” substitute
.

Designations

I515After paragraph 5 insert—
.

Directions to carriers and operators of ports

I526After paragraph 5A (inserted by paragraph 5 above) insert—
.

PART 2 Other provision

Offences

I537
1 Section 27 of the Immigration Act 1971 (offences by persons connected with ships or aircraft or with ports) is amended as follows.
2 In paragraph (b)—
a after sub-paragraph (iii) insert—
;
b in sub-paragraph (iv) for “a requirement” substitute “ any other requirement ”.
3 After paragraph (c) insert—
.

C22C21SCHEDULE 9 

Transitional and consequential provision

Section 73

PART 1 Provision relating to removal

Immigration Act 1971 (c. 77)

I70I1491In 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 ”.

Special Immigration Appeals Commission Act 1997 (c. 68)

I542In section 2 of the Special Immigration Appeals Commission Act 1997 (jurisdiction: appeals), in subsection (2), after paragraph (c) insert—
.

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

I713
1 The Nationality, Immigration and Asylum Act 2002 is amended as follows.
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”.

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

I724In 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)”.

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

I735In the Immigration, Asylum and Nationality Act 2006, section 47 (removal of persons with statutorily extended leave) is repealed.

Consequential repeals

I657The provisions shown in the table below are repealed in consequence of the amendments made by section 1 and this Part of this Schedule.
TitleExtent of repeal
Nationality, Immigration and Asylum Act 2002Section 73(2) to (4).
Section 74.
Section 75(4).
Section 76(7).
Immigration, Asylum and Nationality Act 2006Section 48.
Crime and Courts Act 2013Section 51(3).
Immigration Act 2014In Schedule 1, paragraph 2(3) and (4).

PART 2 Provision relating to detention and bail

Prison Act 1952 (c. 52)

I558
1 Section 5A of the Prison Act 1952 (appointment and functions of Her Majesty's Chief Inspector of Prisons) is amended as follows.
2 In subsection (5A)—
a omit “and” at the end of paragraph (b);
b after paragraph (b) insert—
.
3 In subsection (5B)—
a in paragraph (a), after “facilities” insert “ , accommodation ”;
b in paragraph (b)(i), after “facilities” insert “ , pre-departure accommodation ”.

Immigration Act 1971 (c. 77)

I759In Schedule 3 to the Immigration Act 1971 (supplementary provisions as to deportation), in paragraph 3, for “33” substitute “ 33A ”.

Special Immigration Appeals Commission Act 1997 (c. 68)

10
I561 The Special Immigration Appeals Commission Act 1997 is amended as follows.
I762 In section 5 (procedure in relation to SIAC's jurisdiction on appeals and bail), after subsection (5) insert—
I563 In Schedule 3 (bail: modifications of Schedule 2 to the Immigration Act 1971), in paragraph 4, after sub-paragraph (1) insert—

Northern Ireland Act 1998 (c. 47)

I5711In 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 ”.

Immigration and Asylum Act 1999 (c. 33)

I5812
1 The Immigration and Asylum Act 1999 is amended as follows.
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 ”.

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

I5913In section 62 of the Nationality, Immigration and Asylum Act 2002 (detention by Secretary of State), in subsection (3), after paragraph (a) insert—
.

Safeguarding Vulnerable Groups Act 2006 (c. 47)

I6014In section 59 of the Safeguarding Vulnerable Groups Act 2006 (vulnerable adults), in subsection (7)(d), after “facility” insert “ or in pre-departure accommodation ”.

Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

I6115In 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””.

UK Borders Act 2007 (c. 30)

I6216In 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 ”.

PART 3 Provision relating to biometrics

Immigration and Asylum Act 1999 (c. 33)

I27617
1 The Immigration and Asylum Act 1999 is amended as follows.
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).

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

I27718Section 36 of the Anti-terrorism, Crime and Security Act 2001 (which amends section 143 of the Immigration and Asylum Act 1999) is repealed.

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

I241C3419In 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).

PART 4 Provision relating to appeals

Immigration Act 1971 (c. 77)

I7720The Immigration Act 1971 is amended as follows.
I7821
1 Section 3C (continuation of leave pending variation decision) is amended as follows.
2 In subsection (2)—
a omit the “or” at the end of paragraph (b);
b after paragraph (c) insert
3 After subsection (6) insert—
F3322. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3423. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I7924In 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 ”.

British Nationality Act 1981 (c. 61)

I8025In section 40A of the British Nationality Act 1981 (deprivation of citizenship: appeal), in subsection (3)—
a omit “, 83 or 83A”;
b omit paragraph (a).

Special Immigration Appeals Commission Act 1997 (c. 68)

26
I811 The Special Immigration Appeals Commission Act 1997 is amended as follows.
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.
I814 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 ”.

Immigration and Asylum Act 1999 (c. 33)

I8227The Immigration and Asylum Act 1999 is amended as follows.
I8328Section 23 (monitoring refusals of entry clearance) is repealed.
I8429
1 Section 141 (fingerprinting) is amended as follows.
2 In subsection (7)—
a for paragraph (c) substitute—
;
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—
.
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—
.
5 Omit subsection (16).

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

I8530The Nationality, Immigration and Asylum Act 2002 is amended as follows.
I8631In 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 ”.
32In section 79 (deportation order: appeal), in subsection (1) for “against” substitute “ that may be brought or continued from within the United Kingdom relating to ”.
I8733For the heading to Part 5, substitute “ Appeals in respect of Protection and Human Rights Claims ”.
I8834In 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”.
I8935Section 85A (matters to be considered: new evidence: exceptions) is repealed.
I9036In 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).
I9137Sections 87 to 91 are repealed.
I9238
1 Section 94 (appeal from within the United Kingdom) is amended as follows.
2 In the heading, for “asylum” substitute “ protection ”.
3 For subsections (1) to (2) substitute—
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).
F6339. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I9340Section 95 (appeal from outside the United Kingdom: removal) is repealed.
I9441
1 Section 96 (earlier right of appeal) is amended as follows.
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—
I9542In 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)”.
I9643In 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).
I9744Section 97B (variation of leave on grounds of public good: rights of appeal) is repealed.
I9845Section 98 (other grounds of public good) is repealed.
I9946In section 99—
a in the heading, for “Sections 97 and 98” substitute “ Section 97 ”;
b in subsection (1), omit “or 98”.
I10047
1 Section 104 (pending appeal) is amended as follows.
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).
I10148
1 Section 105 (notice of immigration decision) is amended as follows.
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—
I10249In section 106 (rules)—
a in subsection (3), omit “, 83 or 83A”;
b in subsection (4), omit “, 83 or 83A”.
I10350In section 107 (practice directions), in subsection (3), omit “, 83 or 83A”.
I10451In section 108 (forged documents: proceedings in private), in subsection (1)(a), omit “, 83 or 83A”.
I10552In section 112 (regulations etc)—
a omit subsection (3A);
b in subsection (4), omit “or 115(8)”;
c in subsection (5), omit “or 115(9)”.
I10653
1 Section 113 (interpretation) is amended as follows.
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—
;
;
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).
I10754Section 115 (appeal from within United Kingdom: unfounded human rights or asylum claim: transitional provision) is repealed.
I10855For section 120 (requirement to state additional grounds for application) substitute—

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

I10956
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.
2 In paragraph 1, at the end insert—
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 ”.

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

I11057
1 The Immigration, Asylum and Nationality Act 2006 is amended as follows.
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—
.
5 In Schedule 1 (consequential amendments) paragraph 11 (amendment to section 112(5) of the 2002 Act) is repealed.

UK Borders Act 2007 (c. 30)

I11158In 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”.

Equality Act 2010 (c. 15)

I11259In section 115 of the Equality Act 2010 (immigration cases), in subsection (8) after “2D” insert “ and 2E ”.

Consequential repeals

I11360The 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.
TitleExtent of repeal
Nationality, Immigration and Asylum Act 2002In Schedule 7, paragraph 27.
Asylum and Immigration (Treatment of Claimants, etc) Act 2004Section 15(2), (3) and (5).
Section 26(2) and (3).
Section 27(2) and (3).
Sections 28 and 29.
Section 31.
In Schedule 2, paragraphs 18(2)(c) and 19.
Immigration, Asylum and Nationality Act 2006Sections 1 to 6.
Section 11(6).
Section 47(6) to (8).
Section 57(2).
In Schedule 1, paragraphs 2 to 6, 10, 11, 13, 14(a) and (c).
UK Borders Act 2007Section 19.
Section 35(3).
Borders, Citizenship and Immigration Act 2009Section 51(3).
Crime and Courts Act 2013Section 51(1).
Sections 52 and 53.

PART 5 Provision relating to employment

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

I6361In section 15 of the Immigration, Asylum and Nationality Act 2006 (penalty), in subsection (6)(e), after “penalty” insert “ or make an appeal against it ”.

PART 6 Provision relating to driving licences

Road Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1))

I862In 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) ”.

Road Traffic Act 1988 (c. 52)

I963In 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) ”.

Road Safety Act 2006 (c. 49)

I1064In Schedule 3 to the Road Safety Act 2006 (endorsement: all drivers), in paragraph 9—
a after sub-paragraph (3) insert—
;
b in sub-paragraph (6A)(b), at the end insert “ in both places ”.

Road Traffic (Northern Ireland) Order 2007 (S.I. 2007/916 (N.I. 10))

I1165In Schedule 5 to the Road Traffic (Northern Ireland) Order 2007 (endorsement: all drivers: consequential amendments), in paragraph 6, after sub-paragraph (a) insert—

PART 7 Provision relating to marriage and civil partnership

Transitional provision

I23966The 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.

PART 8 Provision relating to immigration advisers and immigration service providers

Transitional provision

I15767
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).
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.
I15868
1 In the provisions listed in sub-paragraph (2)—
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.
I15969
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—
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.

PART 9 Provision relating to persons unable to acquire nationality because natural father not married to mother

British Nationality Act 1981

I24770
1 The British Nationality Act 1981 is amended as follows.
2 In section 14 (meaning of “British citizen “by descent””), in subsection (1), after paragraph (d) insert—
.
F493 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

British Nationality (General) Regulations 2003

I24871
1 In regulation 14 of the British Nationality (General) Regulations 2003—
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.

PART 10 Provision relating to embarkation checks

Transitional provision

I6472
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.
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.

PART 11 Provision relating to fees

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

I19673
1 Section 42 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (amount of fees) is amended as follows.
2 Omit subsections (1) to (2A).
3 For subsection (3A) substitute—
4 In subsection (4) omit “(1)(b) or”.
5 In subsection (7) omit from “(and any provision” to the end.

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

I19774Sections 51 and 52 of the Immigration, Asylum and Nationality Act 2006 (fees) are repealed.

UK Borders Act 2007 (c. 30)

I19875For section 15(2)(b) of the UK Borders Act 2007 (application of certain provisions to applications for biometric immigration documents) substitute—
.

Consequential repeals

I19976The 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.

Footnotes

  1. I1
    S. 73 partly in force; S. 73(1)-(5) in force at Royal Assent, see s.75(1)(3)
  2. I2
    S. 41 in force at 14.7.2014 by S.I. 2014/1820, art. 2(a)
  3. I3
    S. 42 in force at 14.7.2014 by S.I. 2014/1820, art. 2(b)
  4. I4
    S. 43 in force at 14.7.2014 by S.I. 2014/1820, art. 2(c)
  5. I5
    S. 46 in force at 14.7.2014 by S.I. 2014/1820, art. 2(d)
  6. I6
    S. 47 in force at 14.7.2014 by S.I. 2014/1820, art. 2(e)
  7. I7
    S. 73(6) in force at 14.7.2014 for specified purposes by S.I. 2014/1820, art. 2(f)
  8. I8
    Sch. 9 para. 62 in force at 14.7.2014 by S.I. 2014/1820, art. 2(g)
  9. I9
    Sch. 9 para. 63 in force at 14.7.2014 by S.I. 2014/1820, art. 2(g)
  10. I10
    Sch. 9 para. 64 in force at 14.7.2014 by S.I. 2014/1820, art. 2(g)
  11. I11
    Sch. 9 para. 65 in force at 14.7.2014 by S.I. 2014/1820, art. 2(g)
  12. I12
    S. 2 in force at 28.7.2014 by S.I. 2014/1820, art. 3(a)
  13. I13
    S. 3 in force at 28.7.2014 by S.I. 2014/1820, art. 3(b)
  14. I14
    S. 4 in force at 28.7.2014 by S.I. 2014/1820, art. 3(c)
  15. I15
    S. 5 in force at 28.7.2014 by S.I. 2014/1820, art. 3(d)
  16. I16
    S. 6 in force at 28.7.2014 by S.I. 2014/1820, art. 3(e)
  17. I17
    S. 7(1)(2)(5) in force at 28.7.2014 by S.I. 2014/1820, art. 3(f)
  18. I18
    S. 8 in force at 28.7.2014 by S.I. 2014/1820, art. 3(g)
  19. I19
    S. 9 in force at 28.7.2014 by S.I. 2014/1820, art. 3(h)
  20. I20
    S. 10 in force at 28.7.2014 by S.I. 2014/1820, art. 3(i)
  21. I21
    S. 11 in force at 28.7.2014 by S.I. 2014/1820, art. 3(j)
  22. I22
    S. 12 in force at 28.7.2014 by S.I. 2014/1820, art. 3(k)
  23. I23
    S. 13 in force at 28.7.2014 by S.I. 2014/1820, art. 3(l)
  24. I24
    S. 14 in force at 28.7.2014 by S.I. 2014/1820, art. 3(m)
  25. I25
    S. 17(1)(3) in force at 28.7.2014 by S.I. 2014/1820, art. 3(n)
  26. I26
    S. 19 in force at 28.7.2014 by S.I. 2014/1820, art. 3(o)
  27. I27
    S. 44 in force at 28.7.2014 by S.I. 2014/1820, art. 3(p) (with art. 5)
  28. I28
    S. 45 in force at 28.7.2014 by S.I. 2014/1820, art. 3(q) (with art. 6)
  29. I29
    S. 63 in force at 28.7.2014 for specified purposes by S.I. 2014/1820, art. 3(r)
  30. I30
    S. 64 in force at 28.7.2014 by S.I. 2014/1820, art. 3(s)
  31. I31
    S. 66 in force at 28.7.2014 by S.I. 2014/1820, art. 3(t)
  32. I32
    S. 67 in force at 28.7.2014 by S.I. 2014/1820, art. 3(u)
  33. I33
    S. 70 in force at 28.7.2014 by S.I. 2014/1820, art. 3(v) (with art. 7)
  34. I34
    S. 71 in force at 28.7.2014 by S.I. 2014/1820, art. 3(w)
  35. I35
    S. 73(6) in force at 28.7.2014 for specified purposes by S.I. 2014/1820, art. 3(x)
  36. I36
    Sch. 1 para. 1 in force at 28.7.2014 by S.I. 2014/1820, art. 3(y)
  37. I37
    Sch. 1 para. 2 in force at 28.7.2014 by S.I. 2014/1820, art. 3(y)
  38. I38
    Sch. 1 para. 3 in force at 28.7.2014 by S.I. 2014/1820, art. 3(y)
  39. I39
    Sch. 1 para. 4 in force at 28.7.2014 by S.I. 2014/1820, art. 3(y)
  40. I40
    Sch. 1 para. 5 in force at 28.7.2014 by S.I. 2014/1820, art. 3(y)
  41. I41
    Sch. 2 para. 1 in force at 28.7.2014 by S.I. 2014/1820, art. 3(z)
  42. I42
    Sch. 2 para. 2 in force at 28.7.2014 by S.I. 2014/1820, art. 3(z)
  43. I43
    Sch. 2 para. 3 in force at 28.7.2014 by S.I. 2014/1820, art. 3(z)
  44. I44
    Sch. 2 para. 4 in force at 28.7.2014 by S.I. 2014/1820, art. 3(z)
  45. I45
    Sch. 2 para. 5 in force at 28.7.2014 by S.I. 2014/1820, art. 3(z)
  46. I46
    Sch. 7 para. 6 in force at 28.7.2014 by S.I. 2014/1820, art. 3(aa)
  47. I47
    Sch. 8 para. 1 in force at 28.7.2014 by S.I. 2014/1820, art. 3(bb)
  48. I48
    Sch. 8 para. 2 in force at 28.7.2014 by S.I. 2014/1820, art. 3(bb)
  49. I49
    Sch. 8 para. 3 in force at 28.7.2014 by S.I. 2014/1820, art. 3(bb)
  50. I50
    Sch. 8 para. 4 in force at 28.7.2014 by S.I. 2014/1820, art. 3(bb)
  51. I51
    Sch. 8 para. 5 in force at 28.7.2014 by S.I. 2014/1820, art. 3(bb)
  52. I52
    Sch. 8 para. 6 in force at 28.7.2014 by S.I. 2014/1820, art. 3(bb)
  53. I53
    Sch. 8 para. 7 in force at 28.7.2014 by S.I. 2014/1820, art. 3(bb)
  54. I54
    Sch. 9 para. 2 in force at 28.7.2014 by S.I. 2014/1820, art. 3(cc)
  55. I55
    Sch. 9 para. 8 in force at 28.7.2014 by S.I. 2014/1820, art. 3(cc)
  56. I56
    Sch. 9 para. 10(1)(3) in force at 28.7.2014 by S.I. 2014/1820, art. 3(cc)
  57. I57
    Sch. 9 para. 11 in force at 28.7.2014 by S.I. 2014/1820, art. 3(cc)
  58. I58
    Sch. 9 para. 12 in force at 28.7.2014 by S.I. 2014/1820, art. 3(cc)
  59. I59
    Sch. 9 para. 13 in force at 28.7.2014 by S.I. 2014/1820, art. 3(cc)
  60. I60
    Sch. 9 para. 14 in force at 28.7.2014 by S.I. 2014/1820, art. 3(cc)
  61. I61
    Sch. 9 para. 15 in force at 28.7.2014 by S.I. 2014/1820, art. 3(cc)
  62. I62
    Sch. 9 para. 16 in force at 28.7.2014 by S.I. 2014/1820, art. 3(cc)
  63. I63
    Sch. 9 para. 61 in force at 28.7.2014 by S.I. 2014/1820, art. 3(cc)
  64. I64
    Sch. 9 para. 72 in force at 28.7.2014 by S.I. 2014/1820, art. 3(cc)
  65. C1
    S. 35(3): 1.12.2014 appointed as "the commencement day" by S.I. 2014/2771, art. 12
  66. I65
    Sch. 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))
  67. I66
    S. 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))
  68. I67
    S. 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))
  69. I68
    S. 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))
  70. I69
    S. 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))
  71. I70
    Sch. 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))
  72. I71
    Sch. 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))
  73. I72
    Sch. 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))
  74. I73
    Sch. 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))
  75. I74
    Sch. 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))
  76. I75
    Sch. 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))
  77. I76
    Sch. 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))
  78. I77
    Sch. 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))
  79. I78
    Sch. 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))
  80. I79
    Sch. 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))
  81. I80
    Sch. 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))
  82. I81
    Sch. 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))
  83. I82
    Sch. 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))
  84. I83
    Sch. 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))
  85. I84
    Sch. 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))
  86. I85
    Sch. 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))
  87. I86
    Sch. 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))
  88. I87
    Sch. 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))
  89. I88
    Sch. 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))
  90. I89
    Sch. 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))
  91. I90
    Sch. 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))
  92. I91
    Sch. 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))
  93. I92
    Sch. 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))
  94. I93
    Sch. 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))
  95. I94
    Sch. 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))
  96. I95
    Sch. 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))
  97. I96
    Sch. 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))
  98. I97
    Sch. 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))
  99. I98
    Sch. 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))
  100. I99
    Sch. 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))
  101. I100
    Sch. 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))
  102. I101
    Sch. 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))
  103. I102
    Sch. 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))
  104. I103
    Sch. 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))
  105. I104
    Sch. 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))
  106. I105
    Sch. 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))
  107. I106
    Sch. 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))
  108. I107
    Sch. 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))
  109. I108
    Sch. 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))
  110. I109
    Sch. 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))
  111. I110
    Sch. 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))
  112. I111
    Sch. 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))
  113. I112
    Sch. 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))
  114. I113
    Sch. 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))
  115. I114
    S. 49 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(a)
  116. I115
    S. 50 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(b)
  117. I116
    S. 51 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(c)
  118. I117
    S. 52 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(d)
  119. I118
    Sch. 4 para. 1 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)
  120. I119
    Sch. 4 para. 4 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)
  121. I120
    Sch. 4 para. 7 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)
  122. I121
    Sch. 4 para. 8 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)
  123. I122
    Sch. 4 para. 10 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)
  124. I123
    Sch. 4 para. 15 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)
  125. I124
    Sch. 4 para. 17 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)
  126. I125
    Sch. 4 para. 18 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)
  127. I126
    Sch. 4 para. 20 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)
  128. I127
    Sch. 4 para. 21 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)
  129. I128
    Sch. 4 para. 23 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)
  130. I129
    Sch. 4 para. 24 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)
  131. I130
    Sch. 4 para. 27 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)
  132. I131
    Sch. 4 para. 28 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(e)
  133. I132
    S. 53 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(f)
  134. I133
    S. 54 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(g)
  135. I134
    Sch. 5 para. 1 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(h)
  136. I135
    Sch. 5 para. 2 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(h)
  137. I136
    Sch. 5 para. 3 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(h)
  138. I137
    Sch. 5 para. 4 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(h)
  139. I138
    Sch. 5 para. 5 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(h)
  140. I139
    Sch. 5 para. 6 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(h)
  141. I140
    S. 60 in force at 20.10.2014 by S.I. 2014/2771, art. 3(i)
  142. I141
    S. 61 in force at 20.10.2014 by S.I. 2014/2771, art. 3(j)
  143. I142
    S. 7(3)(4)(6) in force at 20.10.2014 by S.I. 2014/2771, art. 4(a)
  144. I143
    S. 16 in force at 20.10.2014 by S.I. 2014/2771, art. 4(a)
  145. I144
    S. 38 in force at 20.10.2014 by S.I. 2014/2771, art. 4(b)
  146. I145
    S. 63 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 4(c)
  147. I146
    S. 73(6) in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 4(d)
  148. I147
    Sch. 7 para. 1 in force at 20.10.2014 by S.I. 2014/2771, art. 4(e)
  149. I148
    Sch. 7 para. 3 in force at 20.10.2014 by S.I. 2014/2771, art. 4(f)
  150. I149
    Sch. 9 para. 1 in force at 20.10.2014 by S.I. 2014/2771, art. 4(g)
  151. F1
    Sch. 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))
  152. F2
    Sch. 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))
  153. I150
    S. 63 in force at 17.11.2014 for specified purposes by S.I. 2014/2771, art. 5(a)
  154. I151
    S. 73(6) in force at 17.11.2014 for specified purposes by S.I. 2014/2771, art. 5(b)
  155. I152
    Sch. 7 para. 2 in force at 17.11.2014 by S.I. 2014/2771, art. 5(c)
  156. I153
    Sch. 7 para. 4 in force at 17.11.2014 by S.I. 2014/2771, art. 5(c)
  157. I154
    Sch. 7 para. 5 in force at 17.11.2014 by S.I. 2014/2771, art. 5(c)
  158. I155
    Sch. 7 para. 7 in force at 17.11.2014 by S.I. 2014/2771, art. 5(c)
  159. I156
    Sch. 7 para. 8 in force at 17.11.2014 by S.I. 2014/2771, art. 5(c)
  160. I157
    Sch. 9 para. 67 in force at 17.11.2014 by S.I. 2014/2771, art. 5(d)
  161. I158
    Sch. 9 para. 68 in force at 17.11.2014 by S.I. 2014/2771, art. 5(d)
  162. I159
    Sch. 9 para. 69 in force at 17.11.2014 by S.I. 2014/2771, art. 5(d)
  163. C2
    S. 24 modified (1.12.2014) by The Immigration (Residential Accommodation) (Prescribed Cases) Order 2014 (S.I. 2014/2873), arts. 1, 6, Sch. paras. 1
  164. C3
    S. 26 modified (1.12.2014) by The Immigration (Residential Accommodation) (Prescribed Cases) Order 2014 (S.I. 2014/2873), arts. 1, 6, Sch. paras. 2
  165. C4
    S. 24 modified (1.12.2014) by The Immigration (Residential Accommodation) (Prescribed Cases) Order 2014 (S.I. 2014/2873), arts. 1, 7, Sch. paras. 3
  166. C5
    S. 26 modified (1.12.2014) by The Immigration (Residential Accommodation) (Prescribed Cases) Order 2014 (S.I. 2014/2873), arts. 1, 7, Sch. paras. 4
  167. I160
    S. 20 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(a)
  168. I161
    S. 21 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(b)
  169. I162
    S. 22 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(c)
  170. I163
    S. 23 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(d)
  171. I164
    S. 24 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(e)
  172. I165
    S. 25 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(f)
  173. I166
    S. 26 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(g)
  174. I167
    S. 27 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(h)
  175. I168
    S. 28 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(i)
  176. I169
    S. 29 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(j)
  177. I170
    S. 30 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(k)
  178. I171
    S. 31 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(l)
  179. I172
    Sch. 3 para. 1 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)
  180. I173
    Sch. 3 para. 2 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)
  181. I174
    Sch. 3 para. 3 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)
  182. I175
    Sch. 3 para. 4 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)
  183. I176
    Sch. 3 para. 5 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)
  184. I177
    Sch. 3 para. 6 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)
  185. I178
    Sch. 3 para. 7 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)
  186. I179
    Sch. 3 para. 8 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)
  187. I180
    Sch. 3 para. 9 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)
  188. I181
    Sch. 3 para. 10 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)
  189. I182
    Sch. 3 para. 11 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)
  190. I183
    Sch. 3 para. 12 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)
  191. I184
    Sch. 3 para. 13 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)
  192. I185
    Sch. 3 para. 14 in force at 1.12.2014 for specified purposes by S.I. 2014/2771, art. 6(1)(m)
  193. I186
    S. 32 in force at 1.12.2014 by S.I. 2014/2771, art. 7(a)
  194. I187
    S. 33 in force at 1.12.2014 by S.I. 2014/2771, art. 7(b)
  195. I188
    S. 34 in force at 1.12.2014 by S.I. 2014/2771, art. 7(c)
  196. I189
    S. 35 in force at 1.12.2014 by S.I. 2014/2771, art. 7(d)
  197. I190
    S. 36 in force at 1.12.2014 by S.I. 2014/2771, art. 7(e)
  198. I191
    S. 37 in force at 1.12.2014 by S.I. 2014/2771, art. 7(f)
  199. I192
    S. 40 in force at 12.12.2014 by S.I. 2014/1943, art. 2
  200. F3
    S. 40(7) inserted (12.12.2014) by The Immigration Act 2014 (Bank Accounts) (Amendment) Order 2014 (S.I. 2014/3074), arts. 1, 2
  201. I193
    S. 68 in force at 15.12.2014 by S.I. 2014/2771, art. 8(a)
  202. I194
    S. 69 in force at 15.12.2014 by S.I. 2014/2771, art. 8(b)
  203. I195
    S. 73(6) in force at 15.12.2014 for specified purposes by S.I. 2014/2771, art. 8(c)
  204. I196
    Sch. 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))
  205. I197
    Sch. 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))
  206. I198
    Sch. 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))
  207. I199
    Sch. 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))
  208. C6
    S. 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)))
  209. C7
    S. 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)))
  210. C8
    S. 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)))
  211. C9
    S. 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)))
  212. I200
    S. 48 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(a)
  213. I201
    S. 49 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, art. 2(1)(b)
  214. I202
    S. 50 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, art. 2(1)(c)
  215. I203
    S. 51 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, art. 2(1)(d)
  216. I204
    S. 52 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, art. 2(1)(e)
  217. I205
    Sch. 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)
  218. I206
    Sch. 4 para. 2 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)
  219. I207
    Sch. 4 para. 3 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)
  220. I208
    Sch. 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)
  221. I209
    Sch. 4 para. 5 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)
  222. I210
    Sch. 4 para. 6 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)
  223. I211
    Sch. 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)
  224. I212
    Sch. 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)
  225. I213
    Sch. 4 para. 9 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)
  226. I214
    Sch. 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)
  227. I215
    Sch. 4 para. 11 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)
  228. I216
    Sch. 4 para. 12 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)
  229. I217
    Sch. 4 para. 13 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)
  230. I218
    Sch. 4 para. 14 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)
  231. I219
    Sch. 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)
  232. I220
    Sch. 4 para. 16 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)
  233. I221
    Sch. 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)
  234. I222
    Sch. 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)
  235. I223
    Sch. 4 para. 19 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)
  236. I224
    Sch. 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)
  237. I225
    Sch. 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)
  238. I226
    Sch. 4 para. 22 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)
  239. I227
    Sch. 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)
  240. I228
    Sch. 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)
  241. I229
    Sch. 4 para. 25 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)
  242. I230
    Sch. 4 para. 26 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)
  243. I231
    Sch. 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)
  244. I232
    Sch. 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)
  245. I233
    Sch. 4 para. 29 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(f)
  246. I234
    S. 53 in force at 1.3.2015 in so far as not already in force by S.I. 2015/371, art. 2(1)(g)
  247. I235
    S. 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)
  248. I236
    S. 55 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(i)
  249. I237
    S. 58 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(j) (with art. 6)
  250. I238
    S. 73(6) in force at 1.3.2015 for specified purposes by S.I. 2015/371, art. 2(1)(k)
  251. I239
    Sch. 9 para. 66 in force at 1.3.2015 by S.I. 2015/371, art. 2(1)(l)
  252. I240
    S. 73(6) in force at 1.3.2015 for specified purposes by S.I. 2015/371, art. 3(a)
  253. I241
    Sch. 9 para. 19 in force at 1.3.2015 by S.I. 2015/371, art. 3(b)
  254. F4
    S. 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))
  255. F5
    S. 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))
  256. F6
    S. 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))
  257. F7
    S. 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))
  258. F8
    Words 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))
  259. F9
    Words 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))
  260. F10
    Words 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))
  261. F11
    Words 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))
  262. F12
    Words 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
  263. F13
    Words 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)
  264. F14
    Words 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)
  265. F15
    Words 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)
  266. F16
    Words 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)
  267. F17
    Words 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)
  268. F18
    Words 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)
  269. F19
    Words 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)
  270. F20
    Words 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))
  271. F21
    Words 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))
  272. F22
    Words 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)
  273. I242
    S. 57 in force at 2.3.2015 by S.I. 2015/371, art. 2(2) (with art. 5)
  274. I243
    S. 18 in force at 6.4.2015 by S.I. 2015/371, art. 4(a)
  275. I244
    S. 65 in force at 6.4.2015 by S.I. 2015/371, art. 4(b)
  276. I245
    S. 39 in force at 6.4.2015 by S.I. 2015/874, art. 2(a)
  277. I246
    S. 73(6) in force at 6.4.2015 for specified purposes by S.I. 2015/874, art. 2(b)
  278. I247
    Sch. 9 para. 70 in force at 6.4.2015 by S.I. 2015/874, art. 2(c)
  279. I248
    Sch. 9 para. 71 in force at 6.4.2015 by S.I. 2015/874, art. 2(c)
  280. C10
    S. 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)
  281. C11
    S. 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)
  282. C12
    Sch. 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)
  283. I249
    S. 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)
  284. I250
    S. 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)
  285. I251
    S. 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)
  286. I252
    S. 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)
  287. I253
    S. 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)
  288. I254
    S. 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)
  289. I255
    S. 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)
  290. I256
    S. 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)
  291. I257
    S. 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)
  292. I258
    S. 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)
  293. I259
    S. 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)
  294. I260
    S. 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)
  295. I261
    Sch. 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)
  296. I262
    Sch. 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)
  297. I263
    Sch. 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)
  298. I264
    Sch. 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)
  299. I265
    Sch. 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)
  300. I266
    Sch. 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)
  301. I267
    Sch. 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)
  302. I268
    Sch. 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)
  303. I269
    Sch. 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)
  304. I270
    Sch. 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)
  305. I271
    Sch. 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)
  306. I272
    Sch. 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)
  307. I273
    Sch. 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)
  308. I274
    Sch. 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)
  309. C13
    S. 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)
  310. F23
    S. 70A inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 85(2), 94(4)
  311. F24
    S. 74(2)(ja) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 85(3), 94(4)
  312. C14
    Ss. 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.
  313. C15
    Ss. 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.
  314. F25
    Ss. 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)
  315. F26
    S. 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)
  316. F27
    Words 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)
  317. F28
    Word 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)
  318. F29
    S. 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)
  319. F30
    Ss. 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)
  320. F31
    S. 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)
  321. F32
    S. 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)
  322. C16
    S. 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.
  323. F33
    Sch. 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)
  324. F34
    Sch. 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)
  325. C17
    Sch. 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)
  326. F35
    Ss. 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)
  327. F36
    Words 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)
  328. F37
    Words 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)
  329. F38
    Words 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)
  330. F39
    Words 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)
  331. F40
    Words 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)
  332. F41
    S. 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)
  333. F42
    Words 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)
  334. C18
    S. 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))
  335. C19
    S. 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))
  336. C20
    Sch. 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))
  337. C21
    Sch. 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)
  338. C22
    Sch. 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))
  339. C23
    S. 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
  340. C24
    S. 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
  341. C25
    Sch. 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
  342. C26
    S. 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
  343. C27
    S. 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
  344. C28
    S. 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
  345. F43
    Sch. 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)
  346. F44
    Words 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)
  347. F45
    Word 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)
  348. F46
    Sch. 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)
  349. F47
    Words 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)
  350. C29
    S. 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
  351. C30
    S. 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
  352. C31
    Sch. 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
  353. C32
    Sch. 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
  354. C33
    S. 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)
  355. C34
    Sch. 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)
  356. C35
    S. 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)
  357. F48
    Sch. 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)
  358. F49
    Sch. 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
  359. F50
    S. 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))
  360. F51
    S. 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))
  361. F52
    S. 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))
  362. F53
    Words 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))
  363. C36
    S. 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
  364. C37
    S. 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
  365. C38
    S. 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
  366. C39
    S. 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
  367. C40
    Sch. 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
  368. C41
    S. 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)
  369. C42
    S. 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)
  370. C43
    S. 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)
  371. F54
    S. 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)
  372. F55
    S. 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)
  373. F56
    S. 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)
  374. F57
    S. 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)
  375. F58
    Words 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)
  376. F59
    S. 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)
  377. F60
    S. 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)
  378. F61
    Words 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)
  379. F62
    S. 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)
  380. F63
    Sch. 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)
  381. F64
    Word 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)
  382. F65
    S. 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)
  383. F66
    Words 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)
  384. F67
    Words 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)
  385. I275
    S. 73(6) in force at 1.7.2021 for specified purposes by S.I. 2021/771, reg. 2(a)
  386. I276
    Sch. 9 para. 17 in force at 1.7.2021 by S.I. 2021/771, reg. 2(b)
  387. I277
    Sch. 9 para. 18 in force at 1.7.2021 by S.I. 2021/771, reg. 2(c)
  388. F68
    S. 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)
  389. F69
    Words 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)
  390. F70
    Words 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)
  391. C44
    Act 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)
  392. C45
    S. 14 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)
  393. C46
    S. 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 and as further amended (11.11.2021) by The Immigration (Isle of Man) (Amendment) Order 2021 (S.I. 2021/1277), arts. 1(2), 6)
  394. C47
    S. 8 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)
  395. C48
    S. 12 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)
  396. C49
    S. 13 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)
  397. C50
    S. 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 and as further amended (11.11.2021) by The Immigration (Isle of Man) (Amendment) Order 2021 (S.I. 2021/1277), arts. 1(2), 6)
  398. C51
    S. 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 S.I. 2019/562, arts. 1, 5, 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)
  399. C52
    S. 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 S.I. 2019/562, arts. 1, 5, 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)
  400. C53
    S. 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 S.I. 2019/562, arts. 1, 5, 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)
  401. C54
    S. 76(6) power extended (28.4.2022) by Nationality and Borders Act 2022 (c. 36), ss. 86(5)(6)(l), 87(3)(c)
  402. F71
    Words in s. 33C(2) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
  403. C55
    Act: power to amend conferred (28.4.2022 for specified purposes, 28.6.2022 in so far as not already in force) by Nationality and Borders Act 2022 (c. 36), ss. 82(1)(2)(n)(3)-(6), 87(1)(4)(i); S.I. 2022/590, regs. 1(2), 2, Sch. 1 para. 29
  404. F72
    Words in Sch. 3 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  405. F73
    Sch. 3 para. 5(2)(a)(i) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 208; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
  406. F74
    Words in s. 33C(2) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
  407. F75
    Words in s. 33C(1)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1
  408. I278
    S. 23(6) in force at 14.12.2023 in so far as not already in force by S.I. 2023/1245, art. 2(a)
  409. I279
    S. 25(5) in force at 14.12.2023 in so far as not already in force by S.I. 2023/1245, art. 2(b)
  410. F76
    Sum in s. 23(2) substituted (13.2.2024) by The Immigration Act 2014 (Residential Accommodation) (Maximum Penalty) Order 2024 (S.I. 2024/81), arts. 1(2), 2(2) (with art. 2(4))
  411. F77
    Sum in s. 25(4) substituted (13.2.2024) by The Immigration Act 2014 (Residential Accommodation) (Maximum Penalty) Order 2024 (S.I. 2024/81), arts. 1(2), 2(3) (with art. 2(4))
  412. C56
    Act excluded (25.4.2024) by Safety of Rwanda (Asylum and Immigration) Act 2024 (c. 8), ss. 2(5)(a), 5, 10(1) (with ss. 4, 10(2))
  413. C57
    S. 76(6) power extended (19.6.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 141(8), 142(2)(g)
  414. F78
    S. 34(1A)-(1C) inserted (19.6.2025 for specified purposes, 1.12.2025 in so far as not already in force) by Data (Use and Access) Act 2025 (c. 18), ss. 55(2)(b), 142(1)(2)(h); S.I. 2025/1213, reg. 2
  415. F79
    Words in s. 34(1)(a) inserted (19.6.2025 for specified purposes, 1.12.2025 in so far as not already in force) by Data (Use and Access) Act 2025 (c. 18), ss. 55(2)(a)(i), 142(1)(2)(h); S.I. 2025/1213, reg. 2
  416. F80
    Words in s. 34(1)(b) inserted (19.6.2025 for specified purposes, 1.12.2025 in so far as not already in force) by Data (Use and Access) Act 2025 (c. 18), ss. 55(2)(a)(ii), 142(1)(2)(h); S.I. 2025/1213, reg. 2
  417. F81
    Words in s. 34(1)(c) inserted (19.6.2025 for specified purposes, 1.12.2025 in so far as not already in force) by Data (Use and Access) Act 2025 (c. 18), ss. 55(2)(a)(iii), 142(1)(2)(h); S.I. 2025/1213, reg. 2
  418. C58
    S. 38 extended (with modifications) (Isle of Man) (4.2.2026) by S.I. 2008/680, art. 22, Sch. 9A para. A4A (as amended by The Immigration (Isle of Man) (Amendment) Order 2026 (S.I. 2026/98), arts. 1(2), 3(2), 5)
  419. C59
    S. 39 extended (with modifications) (Isle of Man) (4.2.2026) by S.I. 2008/680, art. 22, Sch. 9A para. A4B (as amended by The Immigration (Isle of Man) (Amendment) Order 2026 (S.I. 2026/98), arts. 1(2), 3(2), 5)