Asylum and Immigration (Treatment of Claimants, etc. ) Act 2004

19 England and Wales U.K.

[F1 (1) This section applies to a marriage that is to be solemnised on the authority of [F2 a marriage schedule] under Part 3 of the Marriage Act 1949 (the “1949 Act”) unless each party to the marriage falls within exception A or exception B.

(1A) A party to the marriage falls within exception A if the person is a relevant national.

(1B) A party to the marriage falls within exception B if—

(a) the person is exempt from immigration control, and

(b) the notice of marriage is accompanied by the specified evidence required by section 28C(2) of the 1949 Act that the person is exempt from immigration control.]

(2) In relation to a marriage to which this section applies, the notices under section 27 of the Marriage Act 1949—

(a) shall be given to the superintendent registrar of a registration district [F3 which is] specified for the purpose of this paragraph by regulations made by the Secretary of State [F4 and is the appropriate registration district],

(b) shall be delivered to the superintendent registrar in person by the two parties to the marriage,

(c) may be given only if each party to the marriage has been resident in a registration district for the period of seven days immediately before the giving of his or her notice (but the district need not be that in which the notice is given and the parties need not have resided in the same district), and

(d) shall state, in relation to each party, the registration district by reference to which paragraph (c) is satisfied.

[F5 (2A) For the purposes of subsection (2) “the appropriate registration district” means—

(a) if the parties have resided in the same specified registration district for the period of seven days immediately before the giving of the notice (“the 7 day period”), that specified registration district,

(b) if one or both of the parties have resided in a specified registration district (but not the same specified registration district) for the 7 day period, the specified registration district in which one of them has resided for that period, or

(c) if neither of the parties has resided in a specified registration district for the 7 day period, any specified registration district.

(2B) In subsection (2A), “specified registration district” means a registration district specified for the purposes of subsection (2)(a) by regulations made under that provision.]

F6 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7 (4) In this section—

(a) a reference to a person being a relevant national, or being exempt from immigration control, has the same meaning as in section 49 of the Immigration Act 2014;

(b) “notice of marriage” means a notice of marriage given under section 27 of the 1949 Act.]

Textual Amendments

F1 S. 19(1)-(1B) substituted for s. 19(1) (1.3.2015) by Immigration Act 2014 (c. 22), ss. 58(2), 75(3); S.I. 2015/371, art. 2(1)(j) (with art. 6)

F2 Words in s. 19(1) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 59 (with Sch. 2)

F3 Words in s. 19(2)(a) inserted (1.7.2021) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(c), 15(3)(a)(i) (with Sch. 5 para. 8)

F4 Words in s. 19(2)(a) inserted (1.7.2021) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(c), 15(3)(a)(ii) (with Sch. 5 para. 8)

F5 S. 19(2A)(2B) inserted (1.7.2021) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), regs. 1(2)(c), 15(3)(b) (with Sch. 5 para. 8)

F6 S. 19(3) repealed (9.5.2011) by The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), arts. 1(1), 2(1)(a)

F7 S. 19(4) substituted (1.3.2015) by Immigration Act 2014 (c. 22), ss. 58(3), 75(3); S.I. 2015/371, art. 2(1)(j) (with art. 6)

Commencement Information

I1 S. 19(1) in force at 1.2.2005 by S.I. 2004/3398, art. 3

I2 S. 19(2)(3) in force at 1.12.2004 for specified purposes by S.I. 2004/2999, art. 2, Sch.

I3 S. 19(2)(3)(4) in force at 1.2.2005 in so far as not already in force by S.I. 2004/3398, art. 3

I4 S. 19(4) in force at 1.12.2004 for specified purposes by S.I. 2004/2999, art. 2, Sch.