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

Procedure for marriage U.K.

19 England and Wales U.K.

(1) This section applies to a marriage—

(a) which is to be solemnised on the authority of certificates issued by a superintendent registrar under Part III of the Marriage Act 1949 (c. 76), and

(b) a party to which is subject to 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 specified for the purpose of this paragraph by regulations made by the Secretary of State,

(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.

F1 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of this section—

(a) a person is subject to immigration control if—

(i) he is not an EEA national, and

(ii) under the Immigration Act 1971 (c. 77) he requires leave to enter or remain in the United Kingdom (whether or not leave has been given),

(b) “EEA national” means a national of a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time),

F2 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 19(3) repealed (9.5.2011) by The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), arts. 1(1), 2(1)(a)

F2 S. 19(4)(c)(d) repealed (9.5.2011) by The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), arts. 1(1), 2(1)(b)

Modifications etc. (not altering text)

C1 S. 19 revocation of earlier affecting provision SI 2008/680 Sch. 8 para. 7(5) (9.5.2011) by The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), arts. 1(1), 8(3)(a)

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.

20 England and Wales: supplemental U.K.

(1) The Marriage Act 1949 (c. 76) shall have effect in relation to a marriage to which section 19 applies—

(a) subject to that section, and

(b) with any necessary consequential modification.

(2) In particular—

(a) section 28(1)(b) of that Act (declaration: residence) shall have effect as if it required a declaration that—

(i) the notice of marriage is given in compliance with section 19(2) above, F3 ...

(ii) F3 ... and

(b) section 48 of that Act (proof of certain matters not essential to validity of marriage) shall have effect as if the list of matters in section 48(1)(a) to (e) included compliance with section 19 above.

(3) [F4 Regulations under section 19(2)(a)—]

(a) may make transitional provision,

(b) shall be made by statutory instrument, and

(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Before making regulations under section 19(2)(a) the Secretary of State shall consult the Registrar General.

(5) An expression used in section 19 or this section and in Part III of the Marriage Act 1949 (c. 76) has the same meaning in section 19 or this section as in that Part.

F5 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Words in s. 20(2) 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)(c)

F4 Words in s. 20(3) substituted (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(2)

F5 S. 20(6) repealed (8.1.2007) by Legislative and Regulatory Reform Act 2006 (c. 51), s. 33, Sch. (with s. 30(2)-(5))

Commencement Information

I5 S. 20(1)(2)(5)(6) in force at 1.2.2005 by S.I. 2004/3398, art. 3

I6 S. 20(3)(4) in force at 1.12.2004 for specified purposes by S.I. 2004/2999, art. 2, Sch.

I7 S. 20(3)(4) in force at 1.2.2005 in so far as not already in force by S.I. 2004/3398, art. 3

21 Scotland U.K.

(1) This section applies to a marriage—

(a) which is intended to be solemnised in Scotland, and

(b) a party to which is subject to immigration control.

(2) In relation to a marriage to which this section applies, notice under section 3 of the Marriage (Scotland) Act 1977 (c. 15)—

(a) may be submitted to the district registrar of a registration district prescribed for the purposes of this section, and

(b) may not be submitted to the district registrar of any other registration district.

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

(4) Where the district registrar to whom notice is submitted by virtue of subsection (2) (here the “notified registrar”) is not the district registrar for the registration district in which the marriage is to be solemnised (here the “second registrar”)—

(a) the notified registrar shallF7 ... send the notices and any fee, certificate or declaration [F8 which accompanied them][F8 submitted in pursuance of section 3 of the Marriage (Scotland) Act 1977 (c. 15) in relation to the marriage ], to the second registrar, and

(b) the second registrar shall be treated as having received the notices from the parties to the marriage on the dates on which the notified registrar received them.

(5) Subsection (4) of section 19 applies for the purposes of this section as it applies for the purposes of that section F9 ...

Textual Amendments

F6 S. 21(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)(d)

F7 Words in s. 21(4)(a) 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)(e)

F8 Words in s. 21(4)(a) substituted (S.) (1.1.2007) by Local Electoral Administration and Registration Services (Scotland) Act 2006 (asp 14), ss. 59(4), 63(2); S.S.I. 2006/469, art. 3, Sch. 2 (with art. 4)

F9 Words in s. 21(5) 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)(f)

Commencement Information

I8 S. 21(1)(4) in force at 1.2.2005 by S.I. 2004/3398, art. 3

I9 S. 21(2)(3) in force at 1.12.2004 for specified purposes by S.I. 2004/2999, art. 2, Sch.

I10 S. 21(2)(3)(5) in force at 1.2.2005 in so far as not already in force by S.I. 2004/3398, art. 3

I11 S. 21(5) in force at 1.12.2004 for specified purposes by S.I. 2004/2999, art. 2, Sch.

22 Scotland: supplemental U.K.

(1) The Marriage (Scotland) Act 1977 shall have effect in relation to a marriage to which section 21 applies—

(a) subject to that section, and

(b) with any necessary consequential modification.

(2) In subsection (2)(a) of that section “prescribed” means prescribed by regulations made by the Secretary of State after consultation with the Registrar General for Scotland; and other expressions used in subsections (1) to (4) of that section and in the Marriage (Scotland) Act 1977 have the same meaning in those subsections as in that Act.

(3) Regulations made by of the Secretary of State under subsection (2)(a) F10 ... of that section—

(a) may make transitional provision,

(b) shall be made by statutory instrument, and

(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F10 Words in s. 22(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)(g)

Commencement Information

I12 S. 22(1) in force at 1.2.2005 by S.I. 2004/3398, art. 3

I13 S. 22(2)(3) in force at 1.12.2004 for specified purposes by S.I. 2004/2999, art. 2, Sch.

I14 S. 22(2)(3) in force at 1.2.2005 in so far as not already in force by S.I. 2004/3398, art. 3

23 Northern Ireland U.K.

(1) This section applies to a marriage—

(a) which is intended to be solemnised in Northern Ireland, and

(b) a party to which is subject to immigration control.

(2) In relation to a marriage to which this section applies, the marriage notices—

(a) shall be given only to a prescribed registrar, and

(b) shall, in prescribed cases, be given by both parties together in person at a prescribed register office.

F11 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F12 ... if the prescribed registrar is not the registrar for the purposes of Article 4 of that Order, the prescribed registrar shall send him the marriage notices and he shall be treated as having received them from the parties to the marriage on the dates on which the prescribed registrar received them.

F13 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of this section—

(a) a person is subject to immigration control if—

(i) he is not an EEA national, and

(ii) under the Immigration Act 1971 (c. 77) he requires leave to enter or remain in the United Kingdom (whether or not leave has been given),

(b) “EEA national” means a national of a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 (as it has effect from time to time),

F14 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F11 S. 23(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)(h)

F12 Words in s. 23(4) 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)(i)

F13 S. 23(5) 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)(j)

F14 S. 23(6)(c)(d) 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)(k)

Commencement Information

I15 S. 23(1)(4)(5) in force at 1.2.2005 by S.I. 2004/3398, art. 3

I16 S. 23(2)(3) in force at 1.12.2004 for specified purposes by S.I. 2004/2999, art. 2, Sch.

I17 S. 23(2)(3)(6) in force at 1.2.2005 in so far as not already in force by S.I. 2004/3398, art. 3

I18 S. 23(6) in force at 1.12.2004 for specified purposes by S.I. 2004/2999, art. 2, Sch.

24 Northern Ireland: supplemental U.K.

(1) The Marriage (Northern Ireland) Order 2003 (S.I. 2003/413 (N.I.3)) shall have effect in relation to a marriage to which section 23 applies—

(a) subject to section 23, and

(b) with any necessary consequential modification.

(2) In section 23 “prescribed” means prescribed for the purposes of that section by regulations made by the Secretary of State after consulting the Registrar General for Northern Ireland and other expressions used in that section or this section and the Marriage (Northern Ireland) Order 2003 have the same meaning in section 23 or this section as in that Order.

(3) Section 18(3) of the Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.)) (provisions as to holders of offices) shall apply to section 23 as if that section were an enactment within the meaning of that Act.

(4) Regulations of the Secretary of State under section 23—

(a) may make transitional provision,

(b) shall be made by statutory instrument, and

(c) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Commencement Information

I19 S. 24(1)(3) in force at 1.2.2005 by S.I. 2004/3398, art. 3

I20 S. 24(2)(4) in force at 1.12.2004 for specified purposes by S.I. 2004/2999, art. 2, Sch.

I21 S. 24(2)(4) in force at 1.2.2005 in so far as not already in force by S.I. 2004/3398, art. 3

F15 25 Application for permission under section 19(3)(b), 21(3)(b) or 23(3)(b) U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 S. 25 repealed (2.4.2007 for specified purposes and for remaining purposes 9.5.2011) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 50(3)(b), 62(1), 62(2), Sch. 3; S.I. 2007/1109, art. 5, Sch. (with art. 6) (which saving provision was revoked (9.5.2011) by S.I. 2011/1158, art. 4); The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), arts. 1(1), 2(3)