Explanatory Notes

Immigration Act 2014

2014 CHAPTER 22

14 May 2014

Commentary on Sections

Part 4: Marriage and Civil Partnership

Chapter 1: Referral and Investigation of Proposed Marriages and Civil Partnerships
Section 54: Supplementary provision

305.Subsection (1) provides that the section applies if the referral and investigation scheme is extended by an order under section 53.

306.Subsection (2) provides for administrative regulations to be made by the Secretary of State in relation to the application of the scheme for a) proposed marriages and civil partnerships in Scotland and b) proposed marriages and civil partnerships in Northern Ireland, in so far as the scheme is extended to Scotland and Northern Ireland.

307.Subsection (3) defines administrative regulations as those made under Schedule 5 (sham marriages and civil partnership: administrative regulations).

308.Subsection (4) provides an order-making power for the Secretary of State to make provision about a) the information or b) the evidence that 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. The order is subject to the affirmative resolution procedure (see section 74(2)).

309.Subsection (5) provides that an order under subsection (4) may amend, repeal or revoke any enactment.

310.Subsection (6) provides an order-making power for the Secretary of State to specify ‘other immigration purposes’ for which information may be disclosed in the event that an extension order makes provision for the disclosure of information for immigration purposes. The order is subject to the affirmative resolution procedure (see section 74(2)).

311.Subsection (7) requires the Secretary of State to consult the Registrar General for Scotland and Registrar General for Northern Ireland before making any regulations or an order under this section.

312.Subsection (8) applies the definitions in section 53 to expressions used in this section and in Schedule 5 (sham marriage and civil partnership: administrative regulations).