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Statutory Instruments

2005 No. 3177

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

The Registration of Births, Deaths and Marriages (Amendment) Regulations 2005

Made

15th November 2005

Coming into force

5th December 2005

The Registrar General, in exercise of the powers conferred upon her by sections 27(1), 27B(2)(b), 31(2), 74 and 78 of the Marriage Act 1949(1), sections 20(a) and 21(1) of the Registration Service Act 1953(2), sections 15, 39(a) and 41 of the Births and Deaths Registration Act 1953(3), sections 2(1), 7 and 18 of the Marriage (Registrar General’s Licence) Act 1970(4), as extended by section 26(3) of the Welsh Language Act 1993(5) and section 24(3) and (4)(a) of the Immigration and Asylum Act 1999(6), with the approval of the Chancellor of the Exchequer, makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Registration of Births, Deaths and Marriages (Amendment) Regulations 2005 and shall come into force on 5th December 2005.

Interpretation

2.  In these Regulations, unless the context otherwise requires:—

(a)any reference to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations;

(b)any reference in a regulation to a numbered paragraph or sub-paragraph is a reference to the paragraph or sub-paragraph in that regulation bearing that number; and

(c)any reference to a numbered form is to the form bearing that number in the Schedule to these regulations and any reference to a numbered column on a form is to the column bearing that number on that form.

Amendment of the Registration of Marriages Regulations 1986

3.—(1) The Registration of Marriages Regulations 1986(7) are amended as follows.

(2) In regulation 11(2) (manner of registration)—

(a)in sub-paragraph (a), for the words “, he shall enter” to the end substitute “or formed a civil partnership, he shall enter the word “Single”;”;

(b)after sub-paragraph (b) insert—

“(ba)if a party’s previous civil partnership was terminated by death, he shall enter the words “Surviving civil partner”;”;

(c)after sub-paragraph (c) insert—

“(ca)if a party’s civil partnership was annulled on the grounds that the civil partnership was voidable, he shall enter the words “Previous civil partnership annulled”;”;

(d)after sub-paragraph (d) insert—

“(da)if a party’s previous civil partnership was terminated by dissolution, he shall enter the words “Previous civil partnership dissolved”;”;

(e)after sub-paragraph (e) insert—

“(ea)if the marriage is between two parties who have previously been through a form of civil partnership with each other (not being a civil partnership which is known to be void) and neither of them has since formed a civil partnership with, or married, a third party, then not withstanding sub-paragraphs (ca) and (da), if the parties specifically request and—

(i)if the previous civil partnership has been terminated by final order of dissolution, he shall enter the words, “Previously formed a civil partnership at … on … Civil partnership dissolved on …”, inserting particulars of the place and date of previous civil partnership and the date of dissolution, or

(ii)if the previous civil partnership was annulled, he shall enter the words, “Previously formed a civil partnership at . . . on . . …. Civil partnership annulled on . . .”, inserting the particulars of the place and date of the previous civil partnership and the date of its annulment.”.

(3) In Schedule 1 (prescribed forms)—

(a)in forms 1, 1A, 1B, 1C, 3, 9 and 11 for “ Marital status” substitute “Condition”;

(b)for form 8, substitute form 8 in Schedule 1 to these Regulations.

Amendment of the Registration of Marriages (Welsh Language) Regulations 1999

4.—(1) The Registration of Marriages (Welsh Language) Regulations 1999(8) are amended as follows.

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

2A    Statement for intended marriage of house-bound and detained persons

In relation to a statement for intended marriage concerning a person house-bound in Wales or a person detained in Wales, regulation 5 of the principal Regulations (statements and particulars for intended marriage of house-bound or detained person) shall have effect as if it referred respectively not to forms 5 and 6 in Schedule 1 to those Regulations but to forms 3A and 3B respectively in Schedule 2 to these Regulations.”.

(3) In Schedule 1 (prescribed forms)—

(a)for the list headed “Contents”, substitute the list headed “Contents” in Schedule 3 to these Regulations;

(b)in forms 1, 1A, 1B, 1C and 6, for “Marital status Statws priodasol” substitute “Condition Cyflwr”;

(c)after form 3, insert forms 3A and 3B as set out in Schedule 2 to these Regulations.

(d)for form 5, substitute form 5 in Schedule 4 to these Regulations.

(4) In Schedule 2—

in columns 1 and 2, at the beginning, for

“BachelorDyn di-briod
SpinsterDynes ddi-briod”;

Amendment of the Marriage (Authorised Persons) Regulations 1952

5.—(1) The Marriage (Authorised Persons) Regulations 1952(9) are amended as follows.

(2) In regulation 17 (condition)—

(a)in paragraph (a), for the words “, he shall enter the word “Bachelor” or “Spinster”, as the case may be” substitute “or formed a civil partnership, he shall enter the word “Single,”¸”

(b)after paragraph (a) insert—

“(ab)in the case of a party whose previous civil partnership was terminated by the death of the civil partner, he shall enter the words “Surviving civil partner”;”;

(c)after paragraph (b) insert—

“(ba)in the case of a party whose previous civil partnership was annulled on the ground that the civil partnership was voidable, he shall enter the words “Previous civil partnership annulled”;”;

(d)after paragraph (c) insert—

“(ca)in the case of a party whose previous civil partnership was terminated by dissolution, he shall enter the words “Previous civil partnership dissolved”;”;

(e)after paragraph (d) insert—

“(da)in the case of a marriage between two parties who have previously been through a form of civil partnership with each other, not being a civil partnership which is known to have been void, and of whom neither has since formed a civil partnership with, or married, a third person, then notwithstanding sub-paragraphs (ba) and (ca), if the parties specifically request and—

(i)if the previous civil partnership has been terminated by final order of dissolution, he shall enter the words, “Previously formed a civil partnership at … on … Civil partnership dissolved on …” together with particulars of the place and date of previous civil partnership and the date of dissolution, or

(ii)if the previous civil partnership was annulled, he shall enter the words, “Previously formed a civil partnership at … on … Civil partnership annulled on …”, together with the particulars of the place and date of the previous civil partnership and the date of its annulment.”.

Amendment of the Registration of Births and Deaths Regulations 1987

6.—(1) The Registration of Births and Deaths Regulations 1987(10) are amended as follows.

(2) In regulation 42(3) (registration within 12 months of the date of death where no report to the coroner), after sub-paragraph (b), insert—

“(ba)where the deceased was a married man or widower, the registrar shall, after his occupation enter the words “Husband [or Widower] of …”, inserting the name, surname and occupation of his wife or deceased wife;

(bb)where the deceased was a civil partner or surviving civil partner, the registrar shall, after his occupation enter the words “Civil partner [or Surviving civil partner] of …”, inserting the name, surname and occupation of his civil partner or deceased civil partner.”.

(3) In regulation 56(3) (correction of other minor clerical errors after completion), in sub-paragraph (b)(v), after “deceased’s husband”, insert “or wife or civil partner”.

Amendment of the Registration of Births and Deaths (Welsh Language) Regulations 1987

7.—(1) The Registration of Births and Deaths (Welsh Language) Regulations 1987(11) is amended as follows.

(2) In Schedule 3 in columns 1, 2 and 3, after “Reg. 42(3)(b)”, insert the columns below—

“Reg 42(3)(ba)Husband of…Gŵr…
Widower of …Gŵr gweddw …
Reg 42(3)(bb)Civil partner of …Partner sifil …
Surviving civil partner of …Partner sifil goroesol …”

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

8.—(1) The Reporting of Suspicious Marriages and Registration of Marriages (Miscellaneous Amendments) Regulations 2000(12) is amended as follows.

(2) In Schedule 1 (information to be provided when reporting a suspicious marriage) for both occurrences of “Marital status” substitute “Condition”.

Given under my hand on

Karen Dunnell

Registrar General

15th November 2005

I approve

Signed by authority of the Chancellor of the Exchequer

John Healey

Financial Secretary to the Treasury

15th November 2005

Regulation 3(3)(b)

SCHEDULE 1Form 8

Regulation 4(4)(c)

SCHEDULE 2

Regulation 2A

SCHEDULE 3“Prescribed formsCONTENTS

FormRelevant RegulationDescriptionStatutory Purpose
12Notice of Marriage given by a party who is not subject to immigration control and where both parties are aged 18 or overMarriage Act 1949, section 27(1)
1A2Notice of Marriage given by a party who is not subject to immigration control and where either party is, or both parties are, aged under 18Marriage Act 1949, section 27(1)
1B2Notice of Marriage given by a party who is subject to immigration control and where both parties are aged 18 or overMarriage Act 1949, section 27(1)
1C2Notice of Marriage given by a party who is subject to immigration control and where either party is, or both parties are, aged under 18Marriage Act 1949, section 27(1)
32Endorsement on notice of marriageMarriage Act 1949, section 35(1)
3A2AStatement by registered medical practitionerMarriage Act 1949, section 27A(2) and (7)
3B2AStatement by responsible authorityMarriage Act 1949, section 27A(3)
43Particulars of person by or before whom marriage intended to be solemnizedMarriage Act 1949, section 27A(4)
54Declaration of marriage of certain persons related by affinityMarriage Act 1949, section 27B(2)(b)
65Certificate for marriageMarriage Act 1949, section 31(2)
85Form of instructionsMarriage Act 1949, sections 31(5) and 32(4)
8A4AApplication to reduce the 15 day waiting periodMarriage Act 1949, section 31(5D)
96Form of marriage entryMarriage 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, the Registration of Marriages (Welsh Language) Regulations 1999, the Marriage (Authorised Persons) Regulations 1952, the Registration of Births and Deaths Regulations 1987, the Registration of Births and Deaths (Welsh Language) Regulations 1987 and the Reporting of Suspicious Marriages and Registration of Marriages (Miscellaneous Amendments) Regulations 2000. In particular the Regulations make amendments to registration forms relating to marriage and make other consequential amendments to registration provisions as a result of the Civil Partnership Act 2004.

(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.

(7)

S.I. 1986/1442 as amended by S.I 1995/744, S.I. 1997/2204, S.I. 2000/3164 and S.I. 2005/155.

(8)

S.I. 1999/1621 as amended by S.I. 2000/3164 and S.I. 2005/155.

(9)

S.I. 1952/1869 as amended by S.I. 1965/528, S.I. 1971/1216, S.I .1974/573, S.I. 1986/1444 and S.I. 2000/3164.

(10)

S.I. 1987/2088 as amended by S.I. 1989/497, S.I. 1991/2275, S.I. 1992/2753, S.I. 1994/1948, S.I. 2003/3048 and various other Statutory Instruments.

(11)

S.I. 1987/2089 as amended by S.I. 1988/687, S.I. 1989/511, S.I. 1992/1504, S.I. 1995/818, S.I. 1997/844 and 2003/3048.

(12)

S.I. 2000/3164.