PART 4Marriage and civil partnership

CHAPTER 1Referral and investigation of proposed marriages and civil partnerships

Investigation

48Decision whether to investigate

1

This section applies if—

a

a superintendent registrar refers a proposed marriage to the Secretary of State under section 28H of the Marriage Act 1949, or

b

a registration authority refers a proposed civil partnership to the Secretary of State under section 12A of the Civil Partnership Act 2004.

2

The Secretary of State must decide whether to investigate whether the proposed marriage or civil partnership is a sham.

3

The Secretary of State may not decide to conduct such an investigation unless conditions A and B are met.

4

Condition A is met if the Secretary of State is satisfied that—

a

only one of the parties to the proposed marriage or civil partnership is an exempt person, or

b

neither of the parties are exempt persons.

5

Condition B is met if the Secretary of State has reasonable grounds for suspecting that the proposed marriage or civil partnership is a sham.

6

In making the decision whether to investigate, regard must be had to any guidance published by the Secretary of State for this purpose.

7

In the case of a proposed marriage, the Secretary of State must give notice of the decision made under this section to—

a

both of the parties to the proposed marriage, and

b

the superintendent registrar who referred the proposed marriage to the Secretary of State.

8

In the case of a proposed civil partnership, the Secretary of State must give notice of the decision made under this section to—

a

both of the parties to the proposed civil partnership,

b

the registration authority who referred the proposed civil partnership to the Secretary of State, and

c

if different, the registration authority responsible for issuing the civil partnership schedule under section 14(1) of the Civil Partnership Act 2004 in relation to the proposed civil partnership.

9

The Secretary of State must make the decision, and give the notice, required by this section within the relevant statutory period.