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

23 Northern Ireland U.K.

[F1 (1) This section applies to a marriage which is intended to be solemnised in Northern Ireland unless each party to the marriage falls within exception A or exception B.

(1A) A party to the marriage falls within exception A if the person is a relevant national.

(1B) A party to the marriage falls within exception B if—

(a) the person is exempt from immigration control, and

(b) the notice of intention to marry is accompanied by the specified evidence required by Article 3B(1) of the Marriage (Northern Ireland) Order 2003 that the person is exempt from 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.

F2 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) F3 ... 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.

F4 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (6) In this section—

(a) “relevant national” has the same meaning as in section 62 of the Immigration Act 2014;

(b) a reference to a person being exempt from immigration control is to be construed in accordance with section 49 of that Act;

(c) “notice of intention to marry” means a notice of intention to marry given under Article 3(1) of the Marriage (Northern Ireland) Order 2003.]

Textual Amendments

F1 S. 23(1)-(1B) substituted for s. 23(1) (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 2 para. 2

F2 S. 23(3) repealed (9.5.2011) by The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), arts. 1(1), 2(1)(h)

F3 Words in s. 23(4) repealed (9.5.2011) by The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), arts. 1(1), 2(1)(i)

F4 S. 23(5) repealed (9.5.2011) by The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011 (S.I. 2011/1158), arts. 1(1), 2(1)(j)

F5 S. 23(6) substituted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 2 para. 3

Commencement Information

I1 S. 23(1)(4)(5) in force at 1.2.2005 by S.I. 2004/3398, art. 3

I2 S. 23(2)(3) in force at 1.12.2004 for specified purposes by S.I. 2004/2999, art. 2, Sch.

I3 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

I4 S. 23(6) in force at 1.12.2004 for specified purposes by S.I. 2004/2999, art. 2, Sch.