The Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc.) Regulations 2015

Interviews: general

4.—(1) This regulation applies to interviews conducted by the Secretary of State in accordance with regulations 6 to 10.

(2) As part of an investigation the Secretary of State may require a relevant party to be interviewed.

(3) The Secretary of State may require a relevant party to be interviewed on his or her own, together with the other relevant party, or both.

(4) The Secretary of State may require an interview with a relevant party to take place—

(a) where a relevant party is in the United Kingdom—

(i) in person at the relevant party’s home;

(ii) in person at the other relevant party’s home (if different);

(iii) in person at Home Office premises;

(iv) by telephone, by video-telecommunications link or over the internet (where the relevant party must be present at Home Office premises);

(v) by telephone, by video-telecommunications link or over the internet (where the relevant party may be elsewhere);

(b) where a relevant party is outside the United Kingdom—

(i) in person at Home Office premises;

(ii) by telephone, by video-telecommunications link or over the internet (where the relevant party must be present at Home Office premises);

(iii) by telephone, by video-telecommunications link or over the internet (where the relevant party may be elsewhere).

(5) A relevant party may also be required to attend an interview while he or she is detained.

(6) A relevant party may be required to attend more than one interview.

(7) Unless paragraph (8) or (9) applies, an interview must take place during normal office hours.

(8) This paragraph applies where a relevant party (or, as the case may be, both relevant parties) agrees that an interview may take place outside normal office hours.

(9) This paragraph applies where an interview is commenced and has been substantially completed during normal office hours.

(10) Where paragraph (9) applies, the interview may continue outside normal office hours.

(11) A relevant party may be accompanied at an interview by an appropriate legal representative.

(12) A relevant party may also be accompanied at an interview by an interpreter (appointed by the relevant party).

(13) A relevant party may not be accompanied at an interview by a person other than those mentioned in paragraphs (11) and (12) without the Secretary of State’s consent.

(14) The Secretary of State must make a written record of an interview (“the record”).

(15) The record must be completed during the interview and must constitute—

(a) a verbatim account of what has been said, or

(b) an account of the interview which adequately summarises it.

(16) The record must be signed and dated by the person who made it.

(17) If a relevant party requests one, the Secretary of State must provide him or her with a copy of that record.

(18) In this regulation “appropriate legal representative” means a legal representative who is a qualified person within the meaning of section 82 of the Immigration and Asylum Act 1999(1).

(1)

1999 c. 33: section 82 defines a qualified person by reference to section 84. Relevant changes to section 82 have been made by section 186 of, and paragraphs 9 and 10 of Schedule 18 to, the Legal Services Act 2007 (“2007 Act”) (c. 29). Relevant changes to section 84 have been made by section 37 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) and section 186 of, and paragraphs 9 and 12 of Schedule 18 to, the 2007 Act.