Office of Public Sector Information
Where a document comes into the possession of the Secretary of State or an immigration officer in the course of the exercise of an immigration function, the Secretary of State or an immigration officer may retain the document while he suspects that—
(a) a person to whom the document relates may be liable to removal from the United Kingdom in accordance with a provision of the Immigration Acts, and
(b) retention of the document may facilitate the removal.
After paragraph 2A(2) of Schedule 2 to the Immigration Act 1971 (control of entry: persons arriving with leave to enter) insert—
“(2A) Where the person’s leave to enter derives, by virtue of section 3A(3), from an entry clearance, he may also be examined by an immigration officer for the purpose of establishing whether the leave should be cancelled on the grounds that the person’s purpose in arriving in the United Kingdom is different from the purpose specified in the entry clearance.”
(1) This section applies to a marriage—
(a) which is to be solemnised on the authority of certificates issued by a superintendent registrar under Part III of the Marriage Act 1949 (c. 76), and
(b) a party to which is subject to immigration control.
(2) In relation to a marriage to which this section applies, the notices under section 27 of the Marriage Act 1949—
(a) shall be given to the superintendent registrar of a registration district specified for the purpose of this paragraph by regulations made by the Secretary of State,
(b) shall be delivered to the superintendent registrar in person by the two parties to the marriage,
(c) may be given only if each party to the marriage has been resident in a registration district for the period of seven days immediately before the giving of his or her notice (but the district need not be that in which the notice is given and the parties need not have resided in the same district), and
(d) shall state, in relation to each party, the registration district by reference to which paragraph (c) is satisfied.
(3) The superintendent registrar shall not enter in the marriage notice book notice of a marriage to which this section applies unless satisfied, by the provision of specified evidence, that the party subject to immigration control—
(a) has an entry clearance granted expressly for the purpose of enabling him to marry in the United Kingdom,
(b) has the written permission of the Secretary of State to marry in the United Kingdom, or
(c) falls within a class specified for the purpose of this paragraph by regulations made by the Secretary of State.
(4) For the purposes of this section—
(a) a person is subject to immigration control if—
(i) he is not an EEA national, and
(ii) under the Immigration Act 1971 (c. 77) he requires leave to enter or remain in the United Kingdom (whether or not leave has been given),
(b) “EEA national” means a national of a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time),
(c) “entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971, and
(d) “specified evidence” means such evidence as may be specified in guidance issued by the Registrar General.
(1) The Marriage Act 1949 (c. 76) shall have effect in relation to a marriage to which section 19 applies—
(a) subject to that section, and
(b) with any necessary consequential modification.
(2) In particular—
(a) section 28(1)(b) of that Act (declaration: residence) shall have effect as if it required a declaration that—
(i) the notice of marriage is given in compliance with section 19(2) above, and
(ii) the party subject to immigration control satisfies section 19(3)(a), (b) or (c), and
(b) section 48 of that Act (proof of certain matters not essential to validity of marriage) shall have effect as if the list of matters in section 48(1)(a) to (e) included compliance with section 19 above.
(3) Regulations of the Secretary of State under section 19(2)(a) or (3)(c)—
(a) may make transitional provision,
(b) shall be made by statutory instrument, and
(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) Before making regulations under section 19(2)(a) the Secretary of State shall consult the Registrar General.
(5) An expression used in section 19 or this section and in Part III of the Marriage Act 1949 (c. 76) has the same meaning in section 19 or this section as in that Part.
(6) An order under the Regulatory Reform Act 2001 (c. 6) may include provision—
(a) amending section 19, this section or section 25 in consequence of other provision of the order, or
(b) repealing section 19, this section and section 25 and re-enacting them with modifications consequential upon other provision of the order.
(1) This section applies to a marriage—
(a) which is intended to be solemnised in Scotland, and
(b) a party to which is subject to immigration control.
(2) In relation to a marriage to which this section applies, notice under section 3 of the Marriage (Scotland) Act 1977 (c. 15)—
(a) may be submitted to the district registrar of a registration district prescribed for the purposes of this section, and
(b) may not be submitted to the district registrar of any other registration district.
(3) Where the district registrar to whom notice is submitted by virtue of subsection (2) is the district registrar for the registration district in which the marriage is to be solemnised, he shall not make an entry under section 4, or complete a Marriage Schedule under section 6, of the Marriage (Scotland) Act 1977 in respect of the marriage unless satisfied, by the provision of specified evidence, that the party subject to immigration control—
(a) has an entry clearance granted expressly for the purpose of enabling him to marry in the United Kingdom,
(b) has the written permission of the Secretary of State to marry in the United Kingdom, or
(c) falls within a class specified for the purpose of this paragraph by regulations made by the Secretary of State.
(4) Where the district registrar to whom notice is submitted by virtue of subsection (2) (here the “notified registrar”) is not the district registrar for the registration district in which the marriage is to be solemnised (here the “second registrar”)—
(a) the notified registrar shall, if satisfied as is mentioned in subsection (3), send the notices and any fee, certificate or declaration which accompanied them, to the second registrar, and
(b) the second registrar shall be treated as having received the notices from the parties to the marriage on the dates on which the notified registrar received them.
(5) Subsection (4) of section 19 applies for the purposes of this section as it applies for the purposes of that section except that for the purposes of this section the reference in paragraph (d) of that subsection to guidance issued by the Registrar General shall be construed as a reference to guidance issued by the Secretary of State after consultation with the Registrar General for Scotland.
(1) The Marriage (Scotland) Act 1977 shall have effect in relation to a marriage to which section 21 applies—
(a) subject to that section, and
(b) with any necessary consequential modification.
(2) In subsection (2)(a) of that section “prescribed” means prescribed by regulations made by the Secretary of State after consultation with the Registrar General for Scotland; and other expressions used in subsections (1) to (4) of that section and in the Marriage (Scotland) Act 1977 have the same meaning in those subsections as in that Act.
(3) Regulations made by of the Secretary of State under subsection (2)(a) or (3)(c) of that section—
(a) may make transitional provision,
(b) shall be made by statutory instrument, and
(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) This section applies to a marriage—
(a) which is intended to be solemnised in Northern Ireland, and
(b) a party to which is subject to immigration control.
(2) In relation to a marriage to which this section applies, the marriage notices—
(a) shall be given only to a prescribed registrar, and
(b) shall, in prescribed cases, be given by both parties together in person at a prescribed register office.
(3) The prescribed registrar shall not act under Article 4 or 7 of the Marriage (Northern Ireland) Order 2003 (S.I. 2003/413 (N.I.3)) (marriage notice book, list of intended marriages and marriage schedule) unless he is satisfied, by the provision of specified evidence, that the party subject to immigration control—
(a) has an entry clearance granted expressly for the purpose of enabling him to marry in the United Kingdom,
(b) has the written permission of the Secretary of State to marry in the United Kingdom, or
(c) falls within a class specified for the purpose of this paragraph by regulations made by the Secretary of State.
(4) Subject to subsection (5), if the prescribed registrar is not the registrar for the purposes of Article 4 of that Order, the prescribed registrar shall send him the marriage notices and he shall be treated as having received them from the parties to the marriage on the dates on which the prescribed registrar received them.
(5) The prescribed registrar shall not act under subsection (4) unless he is satisfied as mentioned in subsection (3).
(6) For the purposes of this section—
(a) a person is subject to immigration control if—
(i) he is not an EEA national, and
(ii) under the Immigration Act 1971 (c. 77) he requires leave to enter or remain in the United Kingdom (whether or not leave has been given),
(b) “EEA national” means a national of a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time),
(c) “entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971, and
(d) “specified evidence” means such evidence as may be specified in guidance issued by the Secretary of State after consulting the Registrar General for Northern Ireland.
(1) The Marriage (Northern Ireland) Order 2003 (S.I. 2003/413 (N.I.3)) shall have effect in relation to a marriage to which section 23 applies—
(a) subject to section 23, and
(b) with any necessary consequential modification.
(2) In section 23 “prescribed” means prescribed for the purposes of that section by regulations made by the Secretary of State after consulting the Registrar General for Northern Ireland and other expressions used in that section or this section and the Marriage (Northern Ireland) Order 2003 have the same meaning in section 23 or this section as in that Order.
(3) Section 18(3) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) (provisions as to holders of offices) shall apply to section 23 as if that section were an enactment within the meaning of that Act.
(4) Regulations of the Secretary of State under section 23—
(a) may make transitional provision,
(b) shall be made by statutory instrument, and
(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) The Secretary of State may make regulations requiring a person seeking permission under section 19(3)(b), 21(3)(b) or 23(3)(b)—
(a) to make an application in writing, and
(b) to pay a fee.
(2) The regulations shall, in particular, specify—
(a) the information to be contained in or provided with the application,
(b) the amount of the fee, and
(c) how and to whom the fee is to be paid.
(3) The regulations may, in particular, make provision—
(a) excepting a specified class of persons from the requirement to pay a fee;
(b) permitting a specified class of persons to pay a reduced fee;
(c) for the refund of all or part of a fee in specified circumstances.
(4) Regulations under this section—
(a) shall be made by statutory instrument, and
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) For section 81 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (appeals: adjudicators) substitute—
(1) There shall be a tribunal to be known as the Asylum and Immigration Tribunal.
(2) Schedule 4 (which makes provision about the Tribunal) shall have effect.
(3) A reference in this Part to the Tribunal is a reference to the Asylum and Immigration Tribunal.”
(2) In section 82(1) of that Act (right of appeal: general) for “to an adjudicator” substitute “to the Tribunal”.
(3) In section 83(2) of that Act (appeal: asylum claim) for “to an adjudicator” substitute “to the Tribunal”.
(4) For Schedule 4 to that Act (adjudicators) substitute the Schedule set out in Schedule 1 to this Act (Asylum and Immigration Tribunal).
(5) The following provisions of that Act shall cease to have effect—
(a) sections 100 to 103 (Immigration Appeal Tribunal), and
(b) Schedule 5 (Immigration Appeal Tribunal).
(6) Before section 104 of that Act (pending appeal) insert—
(1) A party to an appeal under section 82 or 83 may apply to the appropriate court, on the grounds that the Tribunal made an error of law, for an order requiring the Tribunal to reconsider its decision on the appeal.
(2) The appropriate court may make an order under subsection (1)—
(a) only if it thinks that the Tribunal may have made an error of law, and
(b) only once in relation to an appeal.
(3) An application under subsection (1) must be made—
(a) in the case of an application by the appellant made while he is in the United Kingdom, within the period of 5 days beginning with the date on which he is treated, in accordance with rules under section 106, as receiving notice of the Tribunal’s decision,
(b) in the case of an application by the appellant made while he is outside the United Kingdom, within the period of 28 days beginning with the date on which he is treated, in accordance with rules under section 106, as receiving notice of the Tribunal’s decision, and
(c) in the case of an application brought by a party to the appeal other than the appellant, within the period of 5 days beginning with the date on which he is treated, in accordance with rules under section 106, as receiving notice of the Tribunal’s decision.
(4) But—
(a) rules of court may specify days to be disregarded in applying subsection (3)(a), (b) or (c), and
(b) the appropriate court may permit an application under subsection (1) to be made outside the period specified in subsection (3) where it thinks that the application could not reasonably practicably have been made within that period.
(5) An application under subsection (1) shall be determined by reference only to—
(a) written submissions of the applicant, and
(b) where rules of court permit, other written submissions.
(6) A decision of the appropriate court on an application under subsection (1) shall be final.
(7) In this section a reference to the Tribunal’s decision on an appeal does not include a reference to—
(a) a procedural, ancillary or preliminary decision, or
(b) a decision following remittal under section 103B, 103C or 103E.
(8) This section does not apply to a decision of the Tribunal where its jurisdiction is exercised by three or more legally qualified members.
(9) In this section “the appropriate court” means—
(a) in relation to an appeal decided in England or Wales, the High Court,
(b) in relation to an appeal decided in Scotland, the Court of Session, and
(c) in relation to an appeal decided in Northern Ireland, the High Court in Northern Ireland.
(10) An application under subsection (1) to the Court of Session shall be to the Outer House.
(1) Where an appeal to the Tribunal has been reconsidered, a party to the appeal may bring a further appeal on a point of law to the appropriate appellate court.
(2) In subsection (1) the reference to reconsideration is to reconsideration pursuant to—
(a) an order under section 103A(1), or
(b) remittal to the Tribunal under this section or under section 103C or 103E.
(3) An appeal under subsection (1) may be brought only with the permission of—
(a) the Tribunal, or
(b) if the Tribunal refuses permission, the appropriate appellate court.
(4) On an appeal under subsection (1) the appropriate appellate court may—
(a) affirm the Tribunal’s decision;
(b) make any decision which the Tribunal could have made;
(c) remit the case to the Tribunal;
(d) affirm a direction under section 87;
(e) vary a direction under section 87;
(f) give a direction which the Tribunal could have given under section 87.
(5) In this section “the appropriate appellate court” means—
(a) in relation to an appeal decided in England or Wales, the Court of Appeal,
(b) in relation to an appeal decided in Scotland, the Court of Session, and
(c) in relation to an appeal decided in Northern Ireland, the Court of Appeal in Northern Ireland.
(6) An appeal under subsection (1) to the Court of Session shall be to the Inner House.
(1) On an application under section 103A in respect of an appeal the appropriate court, if it thinks the appeal raises a question of law of such importance that it should be decided by the appropriate appellate court, may refer the appeal to that court.
(2) On a reference under subsection (1) the appropriate appellate court may—
(a) affirm the Tribunal’s decision;
(b) make any decision which the Tribunal could have made;
(c) remit the case to the Tribunal;
(d) affirm a direction under section 87;
(e) vary a direction under section 87;
(f) give a direction which the Tribunal could have given under section 87;
(g) restore the application under section 103A to the appropriate court.
(3) In this section—
“the appropriate court” has the same meaning as in section 103A, and
“the appropriate appellate court” has the same meaning as in section 103B.
(4) A reference under subsection (1) to the Court of Session shall be to the Inner House.
(1) On the application of an appellant under section 103A, the appropriate court may order that the appellant’s costs in respect of the application under section 103A shall be paid out of the Community Legal Service Fund established under section 5 of the Access to Justice Act 1999 (c. 22).
(2) Subsection (3) applies where the Tribunal has decided an appeal following reconsideration pursuant to an order made—
(a) under section 103A(1), and
(b) on the application of the appellant.
(3) The Tribunal may order that the appellant’s costs—
(a) in respect of the application for reconsideration, and
(b) in respect of the reconsideration,
shall be paid out of that Fund.
(4) The Secretary of State may make regulations about the exercise of the powers in subsections (1) and (3).
(5) Regulations under subsection (4) may, in particular, make provision—
(a) specifying or providing for the determination of the amount of payments;
(b) about the persons to whom the payments are to be made;
(c) restricting the exercise of the power (whether by reference to the prospects of success in respect of the appeal at the time when the application for reconsideration was made, the fact that a reference has been made under section 103C(1), the circumstances of the appellant, the nature of the appellant’s legal representatives, or otherwise).
(6) Regulations under subsection (4) may make provision—
(a) conferring a function on the Legal Services Commission;
(b) modifying a duty or power of the Legal Services Commission in respect of compliance with orders under subsection (3);
(c) applying (with or without modifications), modifying or disapplying a provision of, or of anything done under, an enactment relating to the funding of legal services.
(7) Before making regulations under subsection (4) the Secretary of State shall consult such persons as he thinks appropriate.
(8) This section has effect only in relation to an appeal decided in—
(a) England,
(b) Wales, or
(c) Northern Ireland.
(9) In relation to an appeal decided in Northern Ireland this section shall have effect—
(a) as if a reference to the Community Legal Service Fund were to the fund established under paragraph 4(2)(a) of Schedule 3 to the Access to Justice (Northern Ireland) Order 2003 (S.I. 2003/ 435 (N.I. 10)), and
(b) with any other necessary modifications.
(1) This section applies to a decision of the Tribunal on an appeal under section 82 or 83 where its jurisdiction is exercised by three or more legally qualified members.
(2) A party to the appeal may bring a further appeal on a point of law to the appropriate appellate court.
(3) An appeal under subsection (2) may be brought only with the permission of—
(a) the Tribunal, or
(b) if the Tribunal refuses permission, the appropriate appellate court.
(4) On an appeal under subsection (2) the appropriate appellate court may—
(a) affirm the Tribunal’s decision;
(b) make any decision which the Tribunal could have made;
(c) remit the case to the Tribunal;
(d) affirm a direction under section 87;
(e) vary a direction under section 87;
(f) give a direction which the Tribunal could have given under section 87.
(5) In this section “the appropriate appellate court” means—
(a) in relation to an appeal decided in England or Wales, the Court of Appeal,
(b) in relation to an appeal decided in Scotland, the Court of Session, and
(c) in relation to an appeal decided in Northern Ireland, the Court of Appeal in Northern Ireland.
(6) A further appeal under subsection (2) to the Court of Session shall be to the Inner House.
(7) In this section a reference to the Tribunal’s decision on an appeal does not include a reference to—
(a) a procedural, ancillary or preliminary decision, or
(b) a decision following remittal under section 103B or 103C.”
(7) Schedule 2 (which makes amendments consequential on this section, and transitional provision) shall have effect.
(8) The Lord Chancellor may by order vary a period specified in—
(a) section 103A(3)(a), (b) or (c) of the Nationality, Immigration and Asylum Act 2002 (c. 41) (review of Tribunal’s decision) (as inserted by subsection (6) above), or
(b) paragraph 30(5)(b) of Schedule 2 to this Act.
(9) An order under subsection (8)—
(a) may make provision generally or only for specified cases or circumstances,
(b) may make different provision for different cases or circumstances,
(c) shall be made by statutory instrument, and
(d) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(10) Before making an order under subsection (8) the Lord Chancellor shall consult—
(a) the Lord Chief Justice, if the order affects proceedings in England and Wales,
(b) the Lord President of the Court of Session, if the order affects proceedings in Scotland, and
(c) the Lord Chief Justice of Northern Ireland, if the order affects proceedings in Northern Ireland.
Amended by correction slip on 01 November 2004
Asylum and Immigration (Treatment of Claimants, Etc.) Act 2004