Immigration and Asylum Act 1999 (c. 33)

(The document as of February, 2008)

-- Back --

Page 12

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18

(c) in subsection (4), omit "without licence" and for "said period of twenty-one days" substitute "waiting period in relation to each notice of marriage".

(5) In section 31 of the 1949 Act, after subsection (4) insert--

" (4A) "The waiting period", in relation to a notice of marriage, means--

(a) the period of 15 days, or

(b) such shorter period as may be determined by the Registrar General under subsection (5A) or by a superintendent registrar under any provision of regulations made under subsection (5D),

after the day on which the notice of marriage was entered in the marriage notice book. "

(6) In section 31 of the 1949 Act, insert at the end--

" (5A) If, on an application made to the Registrar General, he is satisfied that there are compelling reasons for reducing the 15 day period because of the exceptional circumstances of the case, he may reduce that period to such shorter period as he considers appropriate.

(5B) "The 15 day period" means the period of 15 days mentioned in subsections (1) and (2).

(5C) If the Registrar General reduces the 15 day period in a particular case, the reference to 15 days in section 75(3)(a) is to be treated, in relation to that case, as a reference to the reduced period.

(5D) The Registrar General may by regulations make provision with respect to the making, and granting, of applications under subsection (5A).

(5E) The regulations--

(a) may provide for the power conferred by subsection (5A) to be exercised by a superintendent registrar on behalf of the Registrar General in cases falling within a category prescribed in the regulations;

(b) may provide for the making of an appeal to the Registrar General against a decision taken by a superintendent registrar in accordance with regulations made by virtue of paragraph (a);

(d) require the approval of the Chancellor of the Exchequer.

(5F) The Chancellor of the Exchequer may by order provide for a fee, of such an amount as may be specified in the order, to be payable on an application under subsection (5A).

(5G) The order may make different provision in relation to different cases.

(5H) The power to make regulations under subsection (5D) or an order under subsection (5F) is exercisable by statutory instrument.

(5I) Any statutory instrument made under subsection (5F) shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

161 Notice of marriage

(1) In the [1949 c. 76.] Marriage Act 1949, in section 27(1) (persons by whom notice of marriage must be given)--

(a) in paragraph (a), for "either" substitute "each";

(b) in paragraph (b), for "either" substitute "each" and for "each registration district in which one of them has resided" substitute "the registration district in which he or she has resided".

(2) In section 27 of the 1949 Act, in subsection (3) (matters to be stated in notice of marriage), for "and place of residence" substitute ", place of residence and nationality".

(3) In the 1949 Act, in section 26(1) (marriages which may be solemnized on authority of a certificate of a superintendent registrar), for "a certificate" substitute "two certificates".

(4) In the [1863 c. 27.] Marriage Law (Ireland) Amendment Act 1863, in section 2(3) (matters to be stated in notice of marriage), after "dwelling place" insert "and the nationality".

162 Power to require evidence

(1) In the Marriage Act 1949, after section 28, insert--

" 28A Power to require evidence

(1) A superintendent registrar to whom a notice of marriage is given under section 27, or any other person attesting a declaration accompanying such a notice, may require the person giving the notice to provide him with specified evidence--

(a) relating to that person; or

(b) if the superintendent registrar considers that the circumstances are exceptional, relating to each of the persons to be married.

(2) Such a requirement may be imposed at any time--

(a) on or after the giving of the notice of marriage; but

(b) before the superintendent registrar issues his certificate under section 31.

(3) "Specified evidence", in relation to a person, means such evidence of that person's--

(a) name and surname,

(b) age,

(d) nationality,

as may be specified in guidance issued by the Registrar General. "

(2) In the [1863 c. 27.] Marriage Law (Ireland) Amendment Act 1863, after section 3, insert--

" 3A Power to require evidence

(1) A registrar to whom a notice of marriage mentioned in section 2 is given may require the person giving the notice to provide him with specified evidence relating to each of the persons to be married.

(2) Such a requirement may be imposed at any time--

(a) on or after the giving of the notice of marriage; but

(b) before the registrar issues his certificate.

(3) "Specified evidence", in relation to a person, means such evidence of that person's--

(a) name and surname,

(b) age,

(d) nationality,

as may be specified in guidance issued by the Registrar General. "

163 Refusal to issue certificate

(1) In the [1949 c. 76.] Marriage Act 1949, in section 31(2) (issue of marriage certificate), for paragraph (a) substitute--

" (a) the superintendent registrar is not satisfied that there is no lawful impediment to the issue of the certificate; or " .

(2) In the 1949 Act, after section 31, insert--

" 31A Appeal on refusal under section 31(2)(a)

(1) If, relying on section 31(2)(a), a superintendent registrar refuses to issue a certificate, the person applying for it may appeal to the Registrar General.

(2) On such an appeal, the Registrar General must--

(a) confirm the refusal; or

(b) direct that a certificate be issued.

(3) If--

(a) relying on section 31(2)(a), a superintendent registrar refuses to issue a certificate as a result of a representation made to him, and

(b) on an appeal against the refusal, the Registrar General declares the representation to have been frivolous and to be such that it ought not to obstruct the issue of a certificate,

the person making the representation is liable for the costs of the proceedings before the Registrar General and for damages recoverable by the applicant for the certificate.

(4) For the purpose of enabling a person to recover any such costs and damages, a copy of the declaration of the Registrar General purporting to be sealed with the seal of the General Register Office is evidence that the Registrar General has declared the representation to have been frivolous and to be such that it ought not to obstruct the issue of a certificate. "

(3) In the [1844 c. 81.] Marriages (Ireland) Act 1844, in section 16 (issue of marriage certificate), for "provided that no lawful impediment be shown to the satisfaction of the registrar why such certificate should not issue" substitute "unless the registrar is not satisfied that there is no lawful impediment to the issue of the certificate".

(4) In the 1844 Act, after section 16, insert--

" 16A Appeal on refusal under section 16

(1) If the registrar refuses to issue a certificate under section 16 on the ground that he is not satisfied that there is no lawful impediment to the issue of the certificate, the party by whom the notice was given may appeal to the Registrar General.

(2) On such an appeal, the Registrar General must--

(a) confirm the refusal; or

(b) direct that a certificate be issued.

(3) If--

(a) the registrar refuses to issue a certificate under section 16 on the ground specified in subsection (1) as a result of a representation made to him, and

(b) on an appeal against the refusal, the Registrar General declares the representation to have been frivolous and to be such that it ought not to obstruct the issue of a certificate,

the person making the representation is liable for the costs of the proceedings before the Registrar General and for damages recoverable by the applicant for the certificate.

Part X Miscellaneous and Supplemental

164 Institution of proceedings

In section 3(2) of the [1985 c. 23.] Prosecution of Offences Act 1985 (proceedings which must be conducted by the Director of Public Prosecutions), after paragraph (a) insert--

" (aa) to take over the conduct of any criminal proceedings instituted by an immigration officer (as defined for the purposes of the [1971 c. 77.] Immigration Act 1971) acting in his capacity as such an officer; " .

165 Procedural requirements as to applications

In the 1971 Act, after section 31, insert--

" 31A Procedural requirements as to applications

(1) If a form is prescribed for a particular kind of application under this Act, any application of that kind must be made in the prescribed form.

(2) If procedural or other steps are prescribed in relation to a particular kind of application under this Act, those steps must be taken in respect of any application of that kind.

(3) "Prescribed" means prescribed in regulations made by the Secretary of State.

(4) The power to make regulations under this section is exercisable by statutory instrument.

(5) Any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament. "

166 Regulations and orders

(1) Any power to make rules, regulations or orders conferred by this Act is exercisable by statutory instrument.

(2) But subsection (1) does not apply in relation to rules made under paragraph 1 of Schedule 5 or immigration rules.

(3) Any statutory instrument made as a result of subsection (1) may--

(a) contain such incidental, supplemental, consequential and transitional provision as the person making it considers appropriate;

(b) make different provision for different cases or descriptions of case; and

(4) No order is to be made under--

(a) section 20,

(b) section 21,

(d) section 86(2),

(e) section 96(5),

(f) section 97(3),

(g) section 143(15), or

(h) paragraph 4 of Schedule 5,

unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(5) No regulations are to be made under--

(a) section 9,

(b) section 46(8);

(d) section 144,

unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House.

(6) Any statutory instrument made under this Act, apart from one made--

(a) under any of the provisions mentioned in subsection (4) or (5), or

(b) under section 24(3) or 170(4) or (7),

shall be subject to annulment by a resolution of either House of Parliament.

167 Interpretation

(1) In this Act--

"the 1971 Act" means the [1971 c. 77.] Immigration Act 1971;
"adjudicator" (except in Part VI) means an adjudicator appointed under section 57;
"Chief Adjudicator" means the person appointed as Chief Adjudicator under section 57(2);
"claim for asylum" (except in Parts V and VI and section 141) means a claim that it would be contrary to the United Kingdom's obligations under the Refugee Convention for the claimant to be removed from, or required to leave, the United Kingdom;
"the Commission" means the Special Immigration Appeals Commission;
"country" includes any territory;
"EEA State" means 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 for the time being;
"the Human Rights Convention" means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom;
"the Immigration Acts" means--
(a)
the 1971 Act;
(b)
the [1988 c. 14.] Immigration Act 1988;
(c)
the [1993 c. 23.] Asylum and Immigration Appeals Act 1993;
(d)
the [1996 c. 49.] Asylum and Immigration Act 1996; and
(e)
this Act;
"prescribed" means prescribed by regulations made by the Secretary of State;
"the Refugee Convention" means the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention;
"voluntary organisations" means bodies (other than public or local authorities) whose activities are not carried on for profit.

(2) The following expressions have the same meaning as in the 1971 Act--

"certificate of entitlement";
"entry clearance";
"illegal entrant";
"immigration officer";
"immigration rules";
"port";
"United Kingdom passport";
"work permit".

168 Expenditure and receipts

(1) There is to be paid out of money provided by Parliament--

(a) any expenditure incurred by the Secretary of State or the Lord Chancellor in consequence of this Act; and

(b) any increase attributable to this Act in the sums so payable by virtue of any other Act.

(2) Sums received by the Secretary of State under section 5, 32, 40, 112 or 113 or by the Lord Chancellor under section 48(4) or 49(4) must be paid into the Consolidated Fund.

169 Minor and consequential amendments, transitional provisions and repeals

(1) Schedule 14 makes minor and consequential amendments.

(2) Schedule 15 contains transitional provisions and savings.

(3) The enactments set out in Schedule 16 are repealed.

170 Short title, commencement and extent

(1) This Act may be cited as the Immigration and Asylum Act 1999.

(2) Subsections (1) and (2) of section 115 come into force on the day on which the first regulations made under Schedule 8 come into force.

(3) The following provisions come into force on the passing of this Act--

(a) section 4;

(b) section 9;

(d) section 27;

(e) section 31;

(f) section 94;

(g) section 95(13);

(h) section 99(4) and (5);

(i) sections 105 to 109;

(j) section 110(1), (2) and (8) (so far as relating to subsections (1) and (2));

(k) section 111;

(l) section 124;

(m) section 140;

(n) section 145;

(o) section 146(1);

(p) sections 166 to 168;

(q) this section;

(r) Schedule 9;

(s) paragraphs 62(2), 73, 78, 79, 81, 82, 87, 88 and 102 of Schedule 14;

(t) paragraphs 2 and 13 of Schedule 15.

(4) The other provisions of this Act, except section 10 and paragraph 12 of Schedule 15 (which come into force in accordance with section 9), come into force on such day as the Secretary of State may by order appoint.

(5) Different days may be appointed for different purposes.

(6) This Act extends to Northern Ireland.

(7) Her Majesty may by Order in Council direct that any of the provisions of this Act are to extend, with such modifications (if any) as appear to Her Majesty to be appropriate, to any of the Channel Islands or the Isle of Man.

SCHEDULES

Sections 37(6) and 42(8).

SCHEDULE 1 Sale of Transporters

Leave of court required

1 (1) The sale of a transporter requires the leave of the court.

(2) The court is not to give its leave except on proof--

(a) that the penalty or charge is or was due;

(b) that the person liable to pay it or any connected expenses has failed to do so; and

Notice of proposed sale

2 Before applying for leave to sell a transporter, the Secretary of State must take such steps as may be prescribed--

(a) for bringing the proposed sale to the notice of persons whose interests may be affected by a decision of the court to grant leave; and

(b) for affording to any such person an opportunity of becoming a party to the proceedings if the Secretary of State applies for leave.

Duty to obtain best price

3 If leave for sale is given, the Secretary of State must secure that the transporter is sold for the best price that can reasonably be obtained.

Effect of failure to comply with paragraph 2 or 3

4 Failure to comply with any requirement of paragraph 2 or 3 in respect of any sale--

(a) is actionable against the Secretary of State at the suit of any person suffering loss in consequence of the sale; but

(b) after the sale has taken place, does not affect its validity.

Application of proceeds of sale

5 (1) Any proceeds of sale arising from a sale under section 37 or 42 must be applied--

(a) in making prescribed payments; and

(b) in accordance with such provision as to priority of payments as may be prescribed.

(2) The regulations may, in particular, provide for proceeds of sale to be applied in payment--

(a) of customs or excise duty,

(b) of value added tax,

(d) of any penalty or charge which the court has found to be due,

(e) in the case of the sale of an aircraft, of charges due as a result of regulations made under section 73 of the [1982 c. 16.] Civil Aviation Act 1982,

(f) of any surplus to or among the person or persons whose interests in the transporter have been divested as a result of the sale,

but not necessarily in that order of priority.

Section 56(2).

SCHEDULE 2 The Immigration Appeal Tribunal

Members

1 (1) The members of the Tribunal are to be appointed by the Lord Chancellor.

(2) The Lord Chancellor may appoint such number of legally qualified members and of other members as he considers appropriate.

(3) A person is legally qualified if--

(a) he has a 7 year general qualification, within the meaning of section 71 of the [1990 c. 41.] Courts and Legal Services Act 1990;

(b) he is an advocate or solicitor in Scotland of at least 7 years' standing;

(c) he is a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least 7 years' standing; or

(d) he has such legal and other experience as appears to the Lord Chancellor to make him suited for appointment as a legally qualified member.

President and Deputy President

2 (1) The Lord Chancellor must appoint one legally qualified member to be President of the Tribunal and another such member to be Deputy President.

(2) The Deputy President is to have such functions in relation to the Tribunal as the President may assign to him.

(3) If the President is temporarily absent or otherwise unable to act, the Deputy President may act on his behalf.

Term of office

3 (1) Each member of the Tribunal--

(a) is to hold and vacate his office in accordance with the terms of his appointment;

(b) is, on ceasing to hold office, eligible for re-appointment;

(d) must vacate his office on the day on which he reaches the age of 70.

(2) But sub-paragraph (1)(d) is subject to subsections (4) to (6) of section 26 of the [1993 c. 8.] Judicial Pensions and Retirement Act 1993 (power to authorise continuance in office up to the age of 75).

Remuneration

4 The Lord Chancellor must pay to the members such remuneration and allowances as he may determine.

Compensation

5 If a person ceases to be a member and it appears to the Lord Chancellor that there are special circumstances which make it right that he should receive compensation, the Lord Chancellor may pay him a sum of such amount as the Lord Chancellor may determine.

Proceedings

6 (1) For the purpose of hearing and determining appeals under this Act or any matter preliminary or incidental to such an appeal, the Tribunal must sit at such times and in such place or places as the Lord Chancellor may direct.

(2) The Tribunal may sit in two or more divisions.

(3) The jurisdiction of the Tribunal may be exercised by such number of members as the President may direct.

(4) A direction under sub-paragraph (3) may--

(a) be given in relation to a specified case or category of case;

(b) provide for the jurisdiction to be exercised by a single member;

(c) require the member exercising the jurisdiction, or a specified number of the members exercising the jurisdiction, to be legally qualified;

(d) be varied at any time by a further direction given by the President.

(5) "Specified" means specified in the direction.

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18

-- Back --

Stat