SCHEDULES
SCHEDULE 27Minor and consequential amendments: general
162Immigration and Asylum Act 1999 (c. 33)
After section 24 insert—
24ADuty to report suspicious civil partnerships
1
Subsection (3) applies if—
a
a registration authority to whom a notice of proposed civil partnership has been given under section 8 of the Civil Partnership Act 2004,
b
any person who, under section 8 of the 2004 Act, has attested a declaration accompanying such a notice,
c
a district registrar to whom a notice of proposed civil partnership has been given under section 88 of the 2004 Act, or
d
a registrar to whom a civil partnership notice has been given under section 139 of the 2004 Act,
has reasonable grounds for suspecting that the civil partnership will be a sham civil partnership.
2
Subsection (3) also applies if—
a
two people register as civil partners of each other under Part 2, 3 or 4 of the 2004 Act in the presence of the registrar, and
b
before, during or immediately after they do so, the registrar has reasonable grounds for suspecting that the civil partnership will be, or is, a sham civil partnership.
3
The person concerned must report his suspicion to the Secretary of State without delay and in such form and manner as may be prescribed by regulations.
4
The regulations are to be made—
a
in relation to England and Wales, by the Registrar General for England and Wales with the approval of the Chancellor of the Exchequer;
b
in relation to Scotland, by the Secretary of State after consulting the Registrar General of Births, Deaths and Marriages for Scotland;
c
in relation to Northern Ireland, by the Secretary of State after consulting the Registrar General in Northern Ireland.
5
“Sham civil partnership” means a civil partnership (whether or not void)—
a
formed between a person (“A”) who is neither a British citizen nor a national of an EEA State other than the United Kingdom and another person (whether or not such a citizen or such a national), and
b
formed by A for the purpose of avoiding the effect of one or more provisions of United Kingdom immigration law or the immigration rules.
6
“The registrar” means—
a
in relation to England and Wales, the civil partnership registrar acting under Part 2 of the 2004 Act;
b
in relation to Scotland, the authorised registrar acting under Part 3 of the 2004 Act;
c
in relation to Northern Ireland, the registrar acting under Part 4 of the 2004 Act.