The Registration of Marriages (Amendment) Regulations 2005

Statutory Instruments

2005 No. 155

REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, ETC., ENGLAND AND WALES

The Registration of Marriages (Amendment) Regulations 2005

Made

31st January 2005

Coming into force

1st February 2005

The Registrar General, in exercise of the powers conferred upon him by sections 27(1) and 74(b) of the Marriage Act 1949(1), as extended by section 26(3) of the Welsh Language Act 1993(2) and of all other powers enabling him in that behalf, with the approval of the Chancellor of the Exchequer(3), hereby makes the following Regulations:

Citation and commencement

1.  These regulations may be cited as the Registration of Marriages (Amendment) Regulations 2005 and shall come into force on 1st February 2005.

Amendment of the Registration of Marriages Regulations 1986

2.—(1) The Registration of Marriages Regulations 1986(4) are amended as follows.

(2) In regulation 2(1) (interpretation), after the definition “occupation” insert—

““subject to immigration control” has the same meaning as in section 19(4) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004(5).”.

(3) In regulation 3—

(a) for the words “The form of notice of marriage to be given” substitute—

“(1) The form of notice of marriage to be given by a party who is not subject to immigration control”;

(b) after sub-paragraph (c) insert—

“(2) The form of notice of marriage to be given by a party who is subject to immigration control shall be—

(a) where both parties are aged eighteen or over, form 1B, or

(b) where either party is, or both parties are, aged under eighteen, form 1C.”.

(4) In Schedule 1 (prescribed forms)—

(a) for the list headed “Contents”, substitute the list headed “Contents” in Schedule 1 to these regulations;

(b) in form 1, for “Regulation 3(a)(i)” substitute “Regulation 3(1)(a)(i)”;

(c) in form 1A, for “Regulation 3(a)(i)” substitute “Regulation 3(1)(a)(ii)”; and

(d) after form 1A, insert forms 1B and 1C in Schedule 2 to these regulations.

Amendment of Registration of Marriages (Welsh Language) Regulations 1999

3.—(1) The Registration of Marriages (Welsh Language) Regulations 1999(6) are amended as follows.

(2) In regulation 2 (forms of notice of marriage and of endorsement on notice)—

(a) for “regulation 3(a)” substitute “regulation 3”; and

(b) for both the occurrences of “1 or 1A” substitute “1, 1A, 1B or 1C”.

(3) In Schedule 1 (prescribed forms)—

(a) for the list headed “Prescribed forms” substitute the list headed “Prescribed forms” in Schedule 3 to these regulations; and

(b) after form 1A insert forms 1B and 1C in Schedule 4 to these regulations.

Transitional Provision

4.  Regulations 2 and 3 shall not apply in respect of any marriage, notice of which has been entered in the marriage notice book before 1st February 2005.

Given under my hand on

Leonard Cook

Registrar General

28th January 2005

I approve

Signed by authority of the Chancellor of the Exchequer

Stephen C. Timms

31st January 2005

SCHEDULE 1

“CONTENTS

Form	Relevant regulation	Description	Statutory Purpose
1	3(1)(a)(i)	Notice of marriage given by a party who is not subject to immigration control and where both parties are aged 18 or over	Marriage Act 1949, section 27(1)
1A	3(1)(a)(ii)	Notice of marriage given by a party who is not subject to immigration control and where either party is, or both parties are, aged under 18	Marriage Act 1949, section 27(1)
1B	3(2)(a)	Notice of marriage given by a party who is subject to immigration control and where both parties are aged 18 or over	Marriage Act 1949, section 27(1)
1C	3(2)(b)	Notice of marriage given by a party who is subject to immigration control and where either party is, or both parties are, aged under 18	Marriage Act 1949, section 27(1)
3	3(1)(c)	Notice of marriage by Registrar General’s licence	Marriage (Registrar General’s Licence) Act 1970, section 2(1)
4	4	Endorsement on notice of marriage	Marriage Act 1949, section 35(1)
5	5(a)	Statement of registered medical practitioner	Marriage Act 1949, section 27A(2) and (7)
6	5(b)	Statement by responsible authority	Marriage Act 1949, section 27A(3)
7	5(c)	Particulars of person by or before whom marriage intended to be solemnized	Marriage Act 1949, section 27A(4)
8	6	Declaration of marriages of certain persons related by affinity	Marriage Act 1949, section 27B(2)(b)
8A	6A	Application to reduce the 15 day waiting period	Marriage Act 1949, section 31(5D)
9	7(1)	Certificate for marriage	Marriage Act 1949, section 31(2)
11	7(3)	Registrar General’s licence for marriage	Marriage (Registrar General’s Licence) Act 1970, section 7
12	8	Form of instructions	Marriage Act 1949, sections 31(5) and 32(4)
13	10(1)	Form of marriage entry	Marriage Act 1949, section 55(1)
14	18(a)	Quarterly return of marriages	Marriage Act 1949, section 57(2)
15	18(b)	Certificate of no registration	Marriage Act 1949, section 57(2)””

SCHEDULE 2

SCHEDULE 3 PRESCRIBED FORMS

“CONTENTS

Form	Relevant regulation	Description	Statutory Purpose
1	2	Notice of marriage given by a party who is not subject to immigration control and where both parties are aged 18 or over	Marriage Act 1949, section 27(1)
1A	2	Notice of marriage given by a party who is not subject to immigration control and where either party is, or both parties are, aged under 18	Marriage Act 1949, section 27(1)
1B	2	Notice of marriage given by a party who is subject to immigration control and where both parties are aged 18 or over	Marriage Act 1949, section 27(1)
1C	2	Notice of marriage given by a party who is subject to immigration control and where either party is, or both parties are, aged under 18	Marriage Act 1949, section 27(1)
3	2	Endorsement on notice of marriage	Marriage Act 1949, section 35(1)
4	3	Particulars of person by or before whom marriage intended to be solemnized	Marriage Act 1949, section 27A(4)
5	4	Declaration of marriages of certain persons related by affinity	Marriage Act 1949, section 27B(2)(b)
6	5	Certificate for marriage	Marriage Act 1949, section 31(2)
8	5	Form of instructions	Marriage Act 1949, sections 31(5) and 32(4)
8A	4A	Application to reduce the 15 day waiting period	Marriage Act 1949, section 31(5D)
9	6	Form of marriage entry	Marriage Act 1949, section 55(1)””

SCHEDULE 4

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Registration of Marriages Regulations 1986 and the Registration of Marriages (Welsh Language) Regulations 1999 to reflect the modifications made to the Marriage Act 1949 by section 20(1) and (2) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. In particular, they provide that the existing forms 1 and 1A for marriage are for use by persons who are not subject to immigration control and insert new forms 1B and 1C for use by persons who are subject to immigration control.

NODYN ESBONIADOL

(Nid yw'r nodyn hwn yn ran o'r Rheoliadau)

Mae'r Rheoliadau hyn yn diwygio Rheoliadau Cofrestru Priodasau 1986 a Rheoliadau Cofrestru Priodasau (Iaith Gymraeg) 1999 i ddangos y newidiadau a wnaethpwyd i Ddeddf Priodi 1949 gan adran 20(1) a (2) o Ddeddf Noddfa a Mewnfudo (Dull o Drin Hawlwyr, ayyb) 2004. Yn arbennig, maent yn darparu bod y ffurflenni 1 a 1A sy'n bodoli ar gyfer priodi i'w defnyddio gan bersonau nad ydynt o dan reolaeth mewnfudo ac yn rhoi ffurflenni newydd 1B a 1C i'w defnyddio gan bersonau sydd o dan reolaeth mewnfudo.

(1)

1949 c. 76. Section 27 was amended by the Marriage Act 1983 (c. 32), section 1(7) and Schedule 1 paragraph 5, by the Marriage Act 1994 (c. 34), section 1(3) and the Schedule paragraph 2, by the Immigration and Asylum Act 1999 (c. 33), sections 160(2), 161(1) and (2), 169(1) and (3), Schedule 14 paragraph 8 and Schedule 16 and by S.I. 1997/2939, S.I. 1999/3311 and S.I. 2002/3076.

(2)

1993 c. 38.

(3)

The approval of the Chancellor of the Exchequer is required by section 74 of the Marriage Act 1949 as amended by the Registration Service Act 1949 (c. 37), section 23(2) and Schedule 2 and by the Transfer of Functions (Registration and Statistics) Order 1996 (S.I. 1996/273), article 5(1) and Schedule 2 paragraph 11.

(4)

S.I. 1986/1442 as amended by S.I. 1995/744, S.I. 1997/2204 and S.I. 2000/3164.

(5)

2004 c. 19.

(6)

S.I. 1999/1621 as amended by S.I. 2000/3164.