The Reporting of Suspicious Marriages and Civil Partnerships (Amendment) Regulations 2014

Statutory Instruments

2014 No. 1660

Registration Of Births, Deaths, Marriages, Etc., England And Wales

The Reporting of Suspicious Marriages and Civil Partnerships (Amendment) Regulations 2014

Made

26th June 2014

Coming into force

21st July 2014

The Registrar General, in exercise of the powers conferred by sections 24(3), 24(4)(a), 24A(3) and 24A(4)(a) of the Immigration and Asylum Act 1999(1), with the approval of the Secretary of State(2), makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Reporting of Suspicious Marriages and Civil Partnerships (Amendment) Regulations 2014 and come into force on 21st July 2014.

Amendment of the Reporting of Suspicious Marriages and Registration of Marriages (Miscellaneous Amendments) Regulations 2000

2.  The Reporting of Suspicious Marriages and Registration of Marriages (Miscellaneous Amendments) Regulations 2000(3) are amended as follows—

(a) in regulation 1(2), in the definition of “registration officer”, after “section 24(1)(a)”, insert “, (aa)”;

(b) in regulation 2(a), after “Regulations”, insert “(to the extent that that information is available)”.

Amendment of the Reporting of Suspicious Civil Partnerships Regulations 2005

3.  In regulation 2(a) of the Reporting of Suspicious Civil Partnerships Regulations 2005(4), after “Regulations”, insert “(to the extent that that information is available)”.

Given under my hand on

Paul Pugh

Registrar General

26th June 2014

I approve

James Brokenshire

Minister of State

Home Office

26th June 2014

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Reporting of Suspicious Marriages and Registration of Marriages (Miscellaneous Amendments) Regulations 2000 (S.I. 2000/3164), and the Reporting of Suspicious Civil Partnerships Regulations 2005 (S.I. 2005/3174) in consequence of changes made by section 56 of the Immigration Act 2014 (c. 22) (“the 2014 Act”).

The duties for registration officials to report suspicions of sham marriages and sham civil partnerships, under sections 24 and 24A of the Immigration and Asylum Act 1999, previously arose when a couple gave notice of marriage or civil partnership. Those duties were amended by the 2014 Act so that reports of suspicions may now be made at an earlier stage, whenever the registration official (in the case of marriages), or registration authority or person attesting a notice (in the case of civil partnerships) receives information in advance of a person giving notice of marriage or civil partnership. These regulations amend the definition of ‘registration official’ in S.I. 2000/3164 to include superintendent registrars and registrars who receive information in advance of a person giving notice of marriage. At this earlier point, the person making the report may not be in possession of all of the information required to be included. These amendments clarify that a report of suspicions should include such of that information as is available.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1999 c. 33. Section 24A was inserted by paragraph 162 of Schedule 27 to, the Civil Partnership Act 2004 (c. 33). Sections 24 and 24A were amended by sections 55 (not yet in force) and 56 of the Immigration Act 2014 (c. 22).

(2)

The functions previously conferred on the Chancellor of the Exchequer by section 24(4)(a) and 24A(4)(a) were transferred to the Secretary of State by article 11 of S.I. 2008/678.

(3)

S.I. 2000/3164.

(4)

S.I. 2005/3174