Statutory Instruments
Registration Of Births, Deaths, Marriages, Etc., England And Wales
Made
26th June 2014
Coming into force
21st July 2014
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.
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)”.
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
(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.
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).
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.