Immigration Act 2014

50 Conduct of investigation U.K.

(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” [F1 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—

  (a)

  subsection (3);

  (b)

  section 27E, 28B or 28C of the Marriage Act 1949;

  (c)

  regulations under section 28D of that Act;

  (d)

  section 8A, or any of sections 9 to 9B, of the Civil Partnership Act 2004.

• [F2 “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—

  (a)

  subsection (3);

  (b)

  regulations under paragraph 4 of Schedule 5;

  (c)

  Article 3A or 3B of the Marriage (Northern Ireland) Order 2003;

  (d)

  Article 5 of the Marriage (Northern Ireland) Order 2003 so far as that requirement relates to nationality;

  (e)

  section 139A or 139B of the Civil Partnership Act 2004;

  (f)

  section 141 of the Civil Partnership Act 2004 so far as that requirement relates to nationality.]

• [F3 “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—

  (a)

  subsection (3);

  (b)

  regulations under paragraph 4 of Schedule 5;

  (c)

  section 3(4A), 3A or 3B of the Marriage (Scotland) Act 1977;

  (d)

  section 88(8), 88A or 88B of the Civil Partnership Act 2004.]

Textual Amendments

F1 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))

F2 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))

F3 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

Commencement Information

I1 S. 50 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(b)

I2 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)