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.