Procedure for marriage

C119England and Wales

I101

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.

I1I112

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.

F4I1I113

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I3I114

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),

F3c

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F3d

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20England and Wales: supplemental

I121

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.

I122

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, F5...

ii

F5... 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.

I2I133

F6Regulations 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.

I2I134

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

I125

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.

F2I126

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21Scotland

I141

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.

I4I152

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.

F7I4I153

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I144

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 shallF8... send the notices and any fee, certificate or declaration F1which accompanied themF1submitted 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.

I6I155

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

22Scotland: supplemental

I161

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.

I5I172

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.

I5I173

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.

23Northern Ireland

I181

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.

I7I192

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.

F11I7I193

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I184

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.

F13I185

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I9I196

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),

F14c

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F14d

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24Northern Ireland: supplemental

I201

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.

I8I212

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.

I203

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.

I8I214

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.

F1525Application for permission under section 19(3)(b), 21(3)(b) or 23(3)(b)

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