Marriage Act 1949

[F1 No [F2 marriage schedule] to be issued until decision about investigation etc E+W

Textual Amendments

F1 Sch. 3A inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 9 (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)

F2 Words in Sch. 3A para. 2 cross-heading substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 48(2) (with Sch. 2)

2 (1) The duty under section 31(2) to issue a [F3 marriage schedule] in respect of the referred marriage does not apply unless and until one of the following events occurs. E+W

(2) Event 1 occurs if—

(a) the Secretary of State gives the superintendent registrar [F4 or (as the case may be) superintendent registrars] the section 48 notice, and

(b) that notice is of a decision not to investigate whether the referred marriage is a sham.

(3) Event 2 occurs if—

(a) the relevant statutory period ends, and

(b) the Secretary of State has not given the superintendent registrar [F5 or (as the case may be) superintendent registrars] the section 48 notice.

(4) Event 3 occurs if—

(a) the Secretary of State gives the superintendent registrar [F6 or (as the case may be) superintendent registrars] the section 48 notice,

(b) that notice is of a decision to investigate whether the referred marriage is a sham,

(c) the Secretary of State gives the superintendent registrar [F7 or (as the case may be) superintendent registrars] the section 50 notice, and

(d) that notice is of a decision that both of the parties to the referred marriage have complied with the investigation.

(5) Event 4 occurs if—

(a) the 70 day period ends, and

(b) the Secretary of State has not given the superintendent registrar [F8 or (as the case may be) superintendent registrars] the section 50 notice.

(6) Event 5 occurs if the Secretary of State gives the superintendent registrar [F9 or (as the case may be) superintendent registrars] notice that the duty under section 31(2) is applicable.

(7) The Secretary of State may give a notice for that purpose only if—

(a) the Secretary of State has given the superintendent registrar [F10 or (as the case may be) superintendent registrars] the section 48 notice,

(b) that notice is of a decision to investigate whether the referred marriage is a sham,

(c) the Secretary of State has given the superintendent registrar [F11 or (as the case may be) superintendent registrars] the section 50 notice, and

(d) that notice is of a decision that one or both of the parties to the referred marriage have not complied with the investigation.

(8) This paragraph applies in addition to any other requirements applicable to the issue of the [F12 marriage schedule].

(9) This paragraph is subject to paragraph 4.

(10) In this paragraph—

• “70 day period” has the same meaning as in section 50 of the 2014 Act;

• “relevant statutory period” has the same meaning as in section 48 of the 2014 Act;

• “section 48 notice” means notice under section 48(7) of the 2014 Act;

• “section 50 notice” means notice under section 50(7) of the 2014 Act.]

Textual Amendments

F3 Words in Sch. 3A para. 2(1) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 48(3)(a) (with Sch. 2)

F4 Words in Sch. 3A para. 2(2)(a) inserted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 48(3)(b) (with Sch. 2)

F5 Words in Sch. 3A para. 2(3)(b) inserted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 48(3)(b) (with Sch. 2)

F6 Words in Sch. 3A para. 2(4)(a) inserted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 48(3)(b) (with Sch. 2)

F7 Words in Sch. 3A para. 2(4)(c) inserted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 48(3)(b) (with Sch. 2)

F8 Words in Sch. 3A para. 2(5)(b) inserted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 48(3)(b) (with Sch. 2)

F9 Words in Sch. 3A para. 2(6) inserted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 48(3)(b) (with Sch. 2)

F10 Words in Sch. 3A para. 2(7)(a) inserted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 48(3)(b) (with Sch. 2)

F11 Words in Sch. 3A para. 2(7)(c) inserted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 48(3)(b) (with Sch. 2)

F12 Words in Sch. 3A para. 2(8) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 48(3)(a) (with Sch. 2)