PART 4Marriage and civil partnership
CHAPTER 3Other provisions
Miscellaneous
60Regulations about evidence
1
The Secretary of State may make regulations about evidence relevant to the determination of any of the following questions for a purpose of this Part—
a
whether a person is a relevant national;
b
whether a person has the appropriate immigration status;
c
whether a person has a relevant visa.
2
The regulations may, in particular, make provision about—
a
the kind of evidence which is to be supplied;
b
the form in which evidence is to be supplied;
c
the manner in which evidence is to be supplied;
d
the period within which evidence is to be supplied;
e
the supply of further evidence;
f
the sufficiency of evidence supplied;
g
the consequences of failing to supply sufficient evidence in accordance with the regulations (including provision to secure that, in such a case, a particular decision is made or is to be treated as having been made);
h
the retention or copying of evidence supplied.
3
The Secretary of State must consult the Registrar General before making regulations under this section.
4
In this section “evidence” includes a photograph or other image.
61Notices
1
The Secretary of State may, by regulations, make provision about the giving of—
a
notices under any provision of this Part;
b
notices relating to the referral of proposed marriages under section 28H of the Marriage Act 1949 which are given under any provision of that Act;
c
notices relating to the referral of proposed civil partnerships under section 12A of the Civil Partnership Act 2004 which are given under any provision of that Act.
2
The regulations may, in particular, make provision that a notice given in accordance with the regulations is to be presumed to have been received by the person to whom it is given.
3
The Secretary of State must consult the Registrar General before making regulations under this section.
62Interpretation of this Part
1
These expressions have the meanings given—
“exempt person” has the meaning given in section 49;
“registrar” means a registrar of births, deaths and marriages;
“Registrar General” means the Registrar General for England and Wales;
“registration authority” has the same meaning as in the Civil Partnership Act 2004 (see section 28 of that Act);
“relevant national” means—
- a
a British citizen,
- b
a national of an EEA State other than the United Kingdom, or
- c
a national of Switzerland;
- a
“relevant statutory period” means—
- a
in relation to a proposed marriage, the period—
- i
beginning the day after notice of the proposed marriage is entered in the marriage book in accordance with Part 3 of the Marriage Act 1949, or is entered in an approved electronic form by virtue of section 27(4A) of that Act, and
- ii
ending at the end of the period of 28 days beginning with that day;
- i
- b
in relation to a proposed civil partnership, the period—
- i
beginning the day after notice of the proposed civil partnership is recorded in the register in accordance with Chapter 1 of Part 2 of the Civil Partnership Act 2004, and
- ii
ending at the end of the period of 28 days beginning with that day;
- i
- a
“section 48 notice” means a notice given under section 48(7) or (8);
“superintendent registrar” means a superintendent registrar of births, deaths and marriages.
2
A reference to a person being a party to a proposed marriage or civil partnership is a reference to a person who would be a party to the marriage or civil partnership if it took place as proposed.
3
A reference to a proposed marriage or civil partnership being a sham is a reference to a marriage or civil partnership which would (if it took place as proposed) be a sham marriage or sham civil partnership (within the meaning of the Immigration and Asylum Act 1999 — see section 24 or 24A of that Act).
4
For provision about the interpretation of the following expressions, see section 49—
a
the appropriate immigration status;
b
a relevant visa.
5
This section, and the provision mentioned in subsection (4), apply for the purposes of this Part.