The Referral of Proposed Marriages and Civil Partnerships Regulations 2015

PART 5 E+W Prescribed information about a referral

Interpretation E+W

15.  In this Part—

“70 day period” has the same meaning as in section 50(11) of the 2014 Act M1 ,

“investigate” means investigate whether the referred marriage or civil partnership is a sham and “investigation” is to be construed accordingly,

“referred civil partnership” means the proposed civil partnership referred to the Secretary of State under section 12A of the 2004 Act,

“referred marriage” means the proposed marriage referred to the Secretary of State under section 28H of the 1949 Act,

“relevant requirement” has the same meaning as in section 50(11) of the 2014 Act,

“specified requirement” means a requirement specified in regulations made under section 51(4) of the 2014 Act.

Marginal Citations

M1 Subject to Parliament's approval, section 50(11) will be amended by paragraph 3 of Schedule 4 to the Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015, laid before Parliament on 15^th December 2014, and paragraph 3 of Schedule 4 to the Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015, laid before Parliament on the same date.

Purposes for which information is prescribed E+W

16.  Regulations 17 and 18 prescribe the information required to be given to the parties to a referred marriage or civil partnership by a superintendent registrar or a registration authority for the purposes of section 28H(5)(c)(i) and (ii) of the 1949 Act and section 12A(5)(c)(i) and (ii) of the 2004 Act.

Effects of the referral E+W

17.  The information mentioned in regulation 16 as respects the effects of the referral is—

(a) the fact that the Secretary of State is under a duty to decide whether to investigate,

(b) the conditions that must be met for the Secretary of State to decide to investigate,

(c) the fact that the Secretary of State is under a duty to notify the parties to the referred marriage or civil partnership of the decision made under section 48 of the 2014 Act whether to investigate, and the period within which the Secretary of State must do so,

(d) where the Secretary of State gives notice of a decision to investigate under section 48 of the 2014 Act, the fact that—

(i) in the case of a referred marriage, the superintendent registrar may not issue a [F1 marriage schedule] under section 31(2) of the 1949 Act M2 before the expiry of the 70 day period,

(ii) in the case of a referred civil partnership, the registration authority may not issue the civil partnership schedule before the expiry of the 70 day period,

(e) the fact that a party to a referred marriage or civil partnership which is under investigation is required to comply with a specified requirement M3 —

(i) the section 48 notice given to the party states that the party must do so, or

(ii) the Secretary of State subsequently notifies the party (orally or in writing) that the party must do so,

(f) the fact that the Secretary of State, as part of the investigation, is under a duty to decide whether each of the parties to the referred marriage or civil partnership has complied with the investigation and to give notice to the parties of that decision within the 70 day period,

(g) where a party to a referred marriage or civil partnership fails, or (as the case may be) both parties fail, to comply with a requirement mentioned in sub-paragraph (e) or any other relevant requirement, the fact that the Secretary of State may decide that the party has not, or (as the case may be) both parties have not, complied with the investigation,

(h) where the Secretary of State decides that a party to a referred marriage or civil partnership has failed, or (as the case may be) both parties have failed, to comply with the investigation, the fact that the notice mentioned in sub-paragraph (f) must include a statement of the Secretary of State's reasons for reaching that decision,

(i) the fact that, where the Secretary of State gives notice of a decision that a party to a referred marriage or civil partnership has not, or (as the case may be) both parties have not, complied with the investigation—

(i) the referred marriage or (as the case may be) civil partnership may not proceed after the expiry of the 70 day period, and

(ii) the parties must give fresh notice of their intention to marry or register their civil partnership if they wish it to do so.

Textual Amendments

F1 Words in reg. 17(d)(i) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 69(4) (with Sch. 2)

Marginal Citations

M2 Section 31(2) was amended by sections 160(4)(b) and 163(1) of the Immigration and Asylum Act 1999 and paragraph 10(1) and (2)(b) of Schedule 4 to the Immigration Act 2014.

M3 Subject to Parliament's approval, the Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc.) Regulations 2015, laid before Parliament on 15^th December 2014, will specify requirements for the purposes of section 51(4) of the Immigration Act 2014.

Requirement to notify the Secretary of State of changes of address E+W

18.  The information mentioned in regulation 16 as respects the requirements under these Regulations to notify the Secretary of State of a usual address or UK contact address (or both) as a result of a change of address is—

(a) the fact that a party is required under regulation 8 to give notice to the Secretary of State of—

(i) in a case where the party's notified usual address changes, his or her usual address, as well as a UK contact address if the party's usual address is no longer in the UK, or

(ii) in a case where the party's notified UK contact address changes, his or her UK contact address.

(b) the period within which a party must give notice to the Secretary of State of his or her usual address or UK contact address,

(c) the manner in which a party may or (as the case may be) must give notice of his or her usual address or UK contact address, including the details of relevant numbers or addresses to which notice may (or must) be given,

(d) the fact that a party may give notice of a usual address or UK contact address on behalf of both parties where they share that address,

(e) the requirement under regulation 9 to provide evidence of a usual address and when that must be done,

(f) the kinds of evidence which may be provided under regulation 9.

(2) In this regulation “relevant numbers and addresses” means the numbers and addresses notified to the superintendent registrar or (as the case may be) the registration authority by the Secretary of State for the purposes of a party giving notice under regulation 8.