Office of Public Sector Information
Section 156(5).
1 (1) Escort arrangements must include provision for the appointment of a Crown servant as escort monitor.
(2) The escort monitor must—
(a) keep the escort arrangements under review and report on them to the Secretary of State as required in accordance with the arrangements;
(b) from time to time inspect the conditions in which detained persons are transported or held in accordance with the escort arrangements;
(c) make recommendations to the Secretary of State, with a view to improving those conditions, whenever he considers it appropriate to do so;
(d) investigate, and report to the Secretary of State on, any allegation made against a detainee custody officer or prisoner custody officer in respect of any act done, or failure to act, when carrying out functions under the arrangements;
(3) Paragraph (d) of sub-paragraph (2) does not apply in relation to—
(a) detainee custody officers employed as part of the Secretary of State’s staff; or
(b) an act or omission of a prisoner custody officer so far as it falls to be investigated by a prisoner escort monitor under section 81 of the [1991 c. 53.] Criminal Justice Act 1991 or under section 103 or 119 of the [1994 c. 33.] Criminal Justice and Public Order Act 1994.
2 (1) A detainee custody officer acting in accordance with escort arrangements has power—
(a) to search (in accordance with rules made by the Secretary of State) any detained person for whose delivery or custody the officer is responsible in accordance with the arrangements; and
(b) to search any other person who is in, or is seeking to enter, any place where any such detained person is or is to be held, and any article in the possession of such a person.
(2) The power conferred by sub-paragraph (1)(b) does not authorise requiring a person to remove any of his clothing other than an outer coat, jacket or glove.
(3) As respects a detained person for whose delivery or custody he is responsible in accordance with escort arrangements, it is the duty of a detainee custody officer—
(a) to prevent that person’s escape from lawful custody;
(b) to prevent, or detect and report on, the commission or attempted commission by him of other unlawful acts;
(c) to ensure good order and discipline on his part; and
(d) to attend to his wellbeing.
(4) The Secretary of State may make rules with respect to the performance by detainee custody officers of their duty under sub-paragraph (3)(d).
(5) The powers conferred by sub-paragraph (1), and the powers arising by virtue of sub-paragraph (3), include power to use reasonable force where necessary.
3 (1) Sub-paragraph (2) applies if a detained person for whose delivery or custody a person (“A”) has been responsible in accordance with escort arrangements is delivered to a detention centre.
(2) The detained person is to be treated, for the purposes of such detention centre rules as relate to disciplinary offences, as if he had been in the custody of the director of the detention centre at all times while A was so responsible.
(3) Sub-paragraph (4) applies if a detained person for whose delivery or custody a person (“B”) has been responsible in accordance with escort arrangements is delivered to a prison.
(4) The detained person is to be treated, for the purposes of such prison rules as relate to disciplinary offences, as if he had been in the custody of the governor or controller of the prison at all times while B was so responsible.
(5) “Director” means—
(a) in the case of a contracted out detention centre, the person appointed by the Secretary of State in relation to the centre under section 149 or such other person as the Secretary of State may appoint for the purposes of this paragraph;
(b) in the case of any other detention centre, the manager of the detention centre.
(6) This paragraph does not authorise the punishment of a detained person under detention centre rules or prison rules in respect of any act or omission of his for which he has already been punished by a court.
(7) “Prison rules” means—
(a) rules made under section 47 of the [1952 c. 52.] Prison Act 1952;
(b) rules made under section 19 of the [1989 c. 45.] Prisons (Scotland) Act 1989;
(c) rules made under section 13 of the [1953 c. 18 (N.I.).] Prison Act (Northern Ireland) 1953.
Section 169(1).
1 In Schedule (B) to the Marriages (Ireland) Act 1844, in the fifth column, after “Dwelling Place” insert “and Nationality”.
2 In Schedule (A) to the Marriage Law (Ireland) Amendment Act 1863, in the fifth column, after “Dwelling Place” insert “and Nationality”
3 The Marriage Act 1949 is amended as follows.
4 In section 3(1) (marriages of persons under 21)—
(a) for “a certificate” substitute “certificates”; and
(b) omit “whether by licence or without licence,”.
5 In section 5 (methods of authorising marriages), in paragraph (d), for “a certificate” substitute “certificates”.
6 In section 17 (marriage under superintendent registrar’s certificate)—
(a) for “a certificate” substitute “certificates”; and
(b) for “notice of marriage and certificate” substitute “notices of marriage and certificates”.
7 In section 25 (void marriages)—
(a) in paragraph (b), for “a certificate” substitute “certificates”;
(b) in paragraph (c), for “a certificate of a superintendent registrar which is” substitute “certificates of a superintendent registrar which are”; and
(c) in paragraph (d), for “a certificate” substitute “certificates” and for “notice of marriage and certificate” substitute “notices of marriage and certificates”.
8 In section 27(1) (notice of marriage), for “a certificate” substitute “certificates”.
9 In section 27A (additional information required in certain cases)—
(a) in subsections (2) and (3), for the first “the notice” substitute “each notice”;
(b) in subsection (4), for the first “The person” substitute “Each person”; and
(c) in subsection (6), for “either” substitute “each”.
10 In section 27B (provisions relating to section 1(3) marriages)—
(a) in subsection (1), for “a certificate” substitute “certificates”;
(b) in subsections (4) and (6), omit “or licence”; and
(c) in subsection (5), omit “, or certificate and licence,”.
11 In section 28(1) (declaration to accompany notice of marriage), omit “or licence” and for paragraph (b) substitute—
“(b) that the persons to be married have for the period of 7 days immediately before the giving of the notice had their usual places of residence within the registration district or registration districts in which notice is given;”.
12 In section 29 (caveat against issue of certificate or licence), omit every “or licence”.
13 In section 30 (provision for issue of certificate to be forbidden) for first “a certificate” substitute “certificates”.
14 In section 31 (marriage certificates)—
(a) in subsections (1) and (4), for “a certificate” substitute “certificates”; and
(b) in subsection (5), for “one of the persons to be married” substitute “the person by whom notice of marriage was given”.
15 For section 33 substitute—
(1) A marriage may be solemnized on the authority of certificates of a superintendent registrar at any time within the period which is the applicable period in relation to that marriage.
(2) If the marriage is not solemnized within the applicable period—
(a) the notices of marriage and the certificates are void; and
(b) no person may solemnize the marriage on the authority of those certificates.
(3) The applicable period, in relation to a marriage, is the period beginning with the day on which the notice of marriage was entered in the marriage notice book and ending—
(a) in the case of a marriage which is to be solemnized in pursuance of section 26(1)(dd), 37 or 38, on the expiry of three months; and
(b) in the case of any other marriage, on the expiry of twelve months.
(4) If the notices of marriage given by each person to be married are not given on the same date, the applicable period is to be calculated by reference to the earlier of the two dates.”
16 For section 34 substitute—
Subject to section 35, a superintendent registrar may not issue a certificate for the solemnization of a marriage elsewhere than within a registration district in which one of the persons to be married has resided for 7 days immediately before the giving of the notice of marriage.”
17 (1) Section 35 (marriages in registration district in which neither party resides) is amended as follows.
(2) In subsection (1)—
(a) omit “, or if the marriage is to be by licence, a certificate and a licence,”; and
(b) for “or certificate and licence is issued” substitute “is issued in respect of each of the persons to be married”.
(3) In subsections (2) and (4), omit “or, if the marriage is to be by licence, a certificate and a licence,”.
(4) In subsections (2A) and (2B), omit “or, if the marriage is to be by licence, a certificate and licence,”.
(5) In subsection (5)—
(a) for “a certificate” substitute “certificates”;
(b) for “the notice” substitute “each notice”; and
(c) for “the certificate” substitute “each certificate”.
18 Omit section 36 (superintendent registrar not normally to issue licences for marriages in registered buildings outside his district).
19 In section 37(1) (one party resident in Scotland)—
(a) for first “a certificate” substitute “certificates”; and
(b) omit “without licence”.
20 (1) Section 38 (one party resident in Northern Ireland) is amended as follows.
(2) In subsection (1)—
(a) for “a certificate” substitute “certificates”; and
(b) omit “without licence”.
(3) In subsection (2), for “and place of residence” substitute “, place of residence and nationality”.
(4) In subsection (3), for “twenty-one” substitute “15”.
21 In section 39(1) (issue of certificates on board Her Majesty’s ships)—
(a) for first “a certificate” substitute “certificates”; and
(b) omit “without licence”.
22 In section 40 (forms of certificates for marriage), omit subsection (2).
23 In section 44(1) (solemnization of marriage in registered buildings), for “a notice of marriage and certificate” substitute “the notices of marriage and certificates”.
24 In section 45(1) (solemnization of marriage in register office)—
(a) for “a certificate” substitute “certificates”;
(b) for first “notice” substitute “notices”;
(c) for “notice has” substitute “notices have”; and
(d) for “certificate or certificate and licence, as the case may be, has or” substitute “certificates”.
25 In section 47(2) (marriages according to usages of Society of Friends), in paragraph (a), for “the person” substitute “each person”.
26 In section 48(1) (proof of certain matters not necessary to validity of marriages), in paragraph (a), for “notice” substitute “notices”.
27 In section 49 (void marriages)—
(a) in paragraph (b), after “issued” insert “, in respect of each of the persons to be married,”;
(b) omit paragraph (c);
(c) in paragraph (d), for “a certificate which is” substitute “certificates which are”; and
(d) in paragraph (e), for “notice” substitute “notices” and for “certificate” substitute “certificates”.
28 In section 50 (person to whom certificate to be delivered)—
(a) in subsection (1), for “a certificate” substitute “certificates” and omit “the certificate or, if notice of marriage has been given to more than one superintendent registrar,”;
(b) omit subsection (2); and
(c) in subsection (3), for “certificate or certificate and licence, as the case may be,” substitute “certificates”.
29 In section 51(1) (fees of registrars for attending marriages), omit from first “the sum” to “case,”.
30 (1) Section 75 (offences relating to solemnization of marriages) is amended as follows.
(2) In subsection (1)(b), for “a certificate” substitute “certificates”.
(3) In subsection (2)—
(a) in paragraph (a)(ii), for “notice of marriage and certificate” substitute “notices of marriage and certificates”;
(b) in paragraph (d), for “a certificate” substitute “certificates” and for from “(not being” to “book” substitute “before the expiry of the waiting period in relation to each notice of marriage”; and
(c) in paragraph (e), for “a certificate” substitute “certificates”.
(4) After subsection (2), insert—
“(2A) In subsection (2)(d) “the waiting period” has the same meaning as in section 31(4A).”
(5) In subsection (3), for paragraph (a) substitute—
“(a) issues any certificate for marriage before the expiry of 15 days from the day on which the notice of marriage was entered in the marriage notice book;”.
(6) In subsection (3), in paragraph (b), omit “or licence”.
31 In section 78(3) (interpretation), in paragraph (a), for “the notice” substitute “each notice”.
32 In Schedule 4 (provisions of Act which are excluded or modified in their application to naval, military and air force chapels), in Part III (exclusion of provisions relating to marriages otherwise than according to the rites of the Church of England), omit “The proviso to subsection (2) of section twenty-six”.
33 In section 55 of the Prison Act 1952 (provisions extending to Scotland) at the end insert—
“(4A) Subsections (2) to (5) of section 5A, as applied by subsection (5A) of that section, extend to Scotland.”
34 The Firearms Act 1968 is amended as follows.
35 In Schedule 1 (offences for which there is an additional penalty if committed when in possession of a firearm), after paragraph 5B insert—
“5C. An offence under paragraph 4 of Schedule 11 to the Immigration and Asylum Act 1999 (assaulting a detainee custody officer).”
36 In Schedule 2 (which lists corresponding Scottish offences), after paragraph 13A insert—
“13B. An offence under paragraph 4 of Schedule 11 to the Immigration and Asylum Act 1999 (assaulting a detainee custody officer).”
37 In section 2(3) (provisions relating to marriage), omit “or licence” in both cases.
38 The Marriage (Registrar General’s Licence) Act 1970 is amended as follows.
39 In section 1(1) (marriages which may be solemnised by Registrar General’s licence), for “a certificate” substitute “certificates”.
40 In section 5 (caveat against issue of Registrar General’s licence), omit “or licence”.
41 In section 6 (marriage of persons under 18), for “a certificate” substitute “certificates”.
42 In section 13 (void marriages)—
(a) in paragraph (a), for ““certificate” substitute ““certificates” and for ““Registrar” substitute ““a Registrar”; and
(b) omit paragraph (b).
43 The 1971 Act is amended as follows.
44 (1) In section 3 (general provisions for regulation and control), in subsection (1)(a), after “in accordance with” insert “the provisions of, or made under,”.
(2) In section 3, for subsection (5) substitute—
“(5) A person who is not a British citizen is liable to deportation from the United Kingdom if—
(a) the Secretary of State deems his deportation to be conducive to the public good; or
(b) another person to whose family he belongs is or has been ordered to be deported.”
45 In section 4(1) (giving or refusal of leave to enter or remain to be in writing except where allowed by the Act) for “allowed by” substitute “allowed by or under”.
46 In section 7(1) (exemption of certain residents from deportation)—
(a) in paragraph (a), for “3(5)(b)” substitute “3(5)(a)”; and
(b) in paragraph (b), for “, (b) or (c)” substitute “or (b) or 10 of the Immigration and Asylum Act 1999”.
47 (1) Section 10 (entry otherwise than by sea or air) is amended as follows.
(2) In subsection (1), omit from “and any such Order” to the end.
(3) After subsection (1), insert—
“(1A) Her Majesty may by Order in Council direct that paragraph 27B or 27C of Schedule 2 shall have effect in relation to trains or vehicles as it has effect in relation to ships or aircraft.
(1B) Any Order in Council under this section may make—
(a) such adaptations or modifications of the provisions concerned, and
(b) such supplementary provisions,
as appear to Her Majesty to be necessary or expedient for the purposes of the Order.”
(4) In subsection (2), for “this section” substitute “subsection (1)”.
48 In section 11(1) (entry to the United Kingdom), at the end insert “or by Part III of the Immigration and Asylum Act 1999”.
49 Omit Part II.
50 In section 24 (illegal entry and similar offences), omit subsections (1)(aa) and (2).
51 In section 25 (assisting illegal entry and harbouring), omit subsection (3).
52 (1) Section 27 (offences by persons connected with ships or aircraft) is amended as follows.
(2) In paragraph (a)(ii), after “Schedule 2 or 3” insert “or under the Immigration and Asylum Act 1999”.
(3) In paragraph (b)(iii)—
(a) after “arrangements for” insert “or in connection with”; and
(b) at the end insert “or under the Immigration and Asylum Act 1999; or
(iv) he fails, without reasonable excuse, to comply with the requirements of paragraph 27B or 27C of Schedule 2;”.
53 In section 28(1) (time limits for proceedings) after “24,” insert “24A,”.
54 (1) Section 32 (proof of documents) is amended as follows.
(2) In subsection (2)—
(a) for “this Act” substitute “the Immigration Acts”; and
(b) after second “by him” insert “or on his behalf”.
(3) In subsection (3), for “proceedings under Part II of this Act” substitute “other proceedings under the Immigration Acts”.
(4) In subsection (4)—
(a) for first “this Act” substitute “the Immigration Acts”; and
(b) for “proceedings under Part II of this Act” substitute “other proceedings under the Immigration Acts”.
(5) After subsection (4) insert—
“(5) “Immigration Acts” has the same meaning as in the Immigration and Asylum Act 1999.”
(6) The amendments made by sub-paragraphs (2)(a) and (5) apply whenever the document in question was made or issued.
55 In section 33 (interpretation), for subsection (4) substitute—
“(4) For the purposes of this Act, the question of whether an appeal is pending shall be determined—
(a) in relation to an appeal to the Special Immigration Appeals Commission, in accordance with section 7A of the Special Immigration Appeals Commission Act 1997;
(b) in any other case, in accordance with section 58(5) to (10) of the Immigration and Asylum Act 1999”.
56 In Schedule 2 (administrative provisions as to control on entry), in paragraph 2(1) (purposes for which persons arriving in the United Kingdom may be examined), for paragraph (c) substitute—
“(c) whether, if he may not—
(i) he has been given leave which is still in force,
(ii) he should be given leave and for what period or on what conditions (if any), or
(iii) he should be refused leave.”
57 In Schedule 2, after paragraph 2, insert—
2A (1) This paragraph applies to a person who has arrived in the United Kingdom with leave to enter which is in force but which was given to him before his arrival.
(2) He may be examined by an immigration officer for the purpose of establishing—
(a) whether there has been such a change in the circumstances of his case, since that leave was given, that it should be cancelled;
(b) whether that leave was obtained as a result of false information given by him or his failure to disclose material facts; or
(c) whether there are medical grounds on which that leave should be cancelled.
(3) He may also be examined by an immigration officer for the purpose of determining whether it would be conducive to the public good for that leave to be cancelled.
(4) He may also be examined by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector.
(5) A person examined under this paragraph may be required by the officer or inspector to submit to further examination.
(6) A requirement under sub-paragraph (5) does not prevent a person who arrives—
(a) as a transit passenger,
(b) as a member of the crew of a ship or aircraft, or
(c) for the purpose of joining a ship or aircraft as a member of the crew,
from leaving by his intended ship or aircraft.
(7) An immigration officer examining a person under this paragraph may by notice suspend his leave to enter until the examination is completed.
(8) An immigration officer may, on the completion of any examination of a person under this paragraph, cancel his leave to enter.
(9) Cancellation of a person’s leave under sub-paragraph (8) is to be treated for the purposes of this Act and Part IV of the Immigration and Asylum Act 1999 as if he had been refused leave to enter at a time when he had a current entry clearance.
(10) A requirement imposed under sub-paragraph (5) and a notice given under sub-paragraph (7) must be in writing.”
58 In Schedule 2, in paragraph 4(1) and (2) (production of information and documents in connection with examinations), after “paragraph 2” insert “, 2A”.
59 In Schedule 2, for paragraph 7 substitute—
7 (1) This paragraph applies if an immigration officer examining a person under paragraph 2 decides—
(a) that he may be given leave to enter the United Kingdom; but
(b) that a further medical test or examination may be required in the interests of public health.
(2) This paragraph also applies if an immigration officer examining a person under paragraph 2A decides—
(a) that his leave to enter the United Kingdom should not be cancelled; but
(b) that a further medical test or examination may be required in the interests of public health.
(3) The immigration officer may give the person concerned notice in writing requiring him—
(a) to report his arrival to such medical officer of health as may be specified in the notice; and
(b) to attend at such place and time and submit to such test or examination (if any), as that medical officer of health may require.
(4) In reaching a decision under paragraph (b) of sub-paragraph (1) or (2), the immigration officer must act on the advice of—
(a) a medical inspector; or
(b) if no medical inspector is available, a fully qualified medical practitioner.”
60 In Schedule 2, in paragraph 16 (detention of persons liable to examination), after sub-paragraph (1), insert—
“(1A) A person whose leave to enter has been suspended under paragraph 2A may be detained under the authority of an immigration officer pending—
(a) completion of his examination under that paragraph; and
(b) a decision on whether to cancel his leave to enter.”
Immigration and Asylum Act 1999