SCHEDULES
C1C2F9SCHEDULE 1Kindred and affinity
Sch. 1 modified (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 5, Sch. 4
Sch. 1 modified (21.12.2018) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2018 (S.I. 2018/1412), reg. 1(2), Sch. 4 para. 1
Part 1Prohibited degrees: kindred
1
1
The list referred to in section 1(1) is—
Adoptive child
Adoptive parent
Child
Former adoptive child
Former adoptive parent
Grandparent
Grandchild
Parent
Parent’s sibling
Sibling
Sibling’s child
2
In the list “sibling” means a brother, sister, half-brother or half-sister.
Part 2Degrees of affinity referred to in section 1(2) and (3)
2
The list referred to in section 1(2) is as follows—
Child of former civil partner
Child of former spouse
Former civil partner of grandparent
Former civil partner of parent
Former spouse of grandparent
Former spouse of parent
Grandchild of former civil partner
Grandchild of former spouse
F13Part III
Sch. 1 Pt. 3 repealed (1.3.2007) by The Marriage Act 1949 (Remedial) Order 2007 (S.I. 2007/438), arts. 1(1), 3(a)(iii) (with s. 1(2))
F133
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F1SECOND SCHEDULE
Sch. 2 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with saving in Sch. 14 para. 37, and with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)
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F2THIRD SCHEDULE
Sch. 3 repealed (with saving) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28(2), Sch. 5 Pt. I
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F12SCHEDULE 3AModifications if proposed marriage referred under section 28H
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)
Introduction
1
1
These are the modifications subject to which this Act has effect if the superintendent registrar refers a proposed marriage to the Secretary of State.
2
In this Schedule—
“2014 Act” means the Immigration Act 2014;
“referred marriage” means the proposed marriage referred to the Secretary of State.
No certificate to be issued until decision about investigation etc
2
1
The duty under section 31(2) to issue a certificate in respect of the referred marriage does not apply unless and until one of the following events occurs.
2
Event 1 occurs if—
a
the Secretary of State gives the superintendent registrar 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 the section 48 notice.
4
Event 3 occurs if—
a
the Secretary of State gives the superintendent registrar 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 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 the section 50 notice.
6
Event 5 occurs if the Secretary of State gives the superintendent registrar 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 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 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 certificate.
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.
Marriage to be investigated: extension of waiting period to 70 days
3
1
The modifications in this paragraph have effect if the Secretary of State gives the superintendent registrar notice under section 48(7) of the 2014 Act of a decision to investigate whether the referred marriage is a sham.
2
Section 31(2): the reference to the said period of 28 days has effect as a reference to the relevant 70 day period.
3
Section 31(4A)(a): the reference to the period of 28 days has effect as a reference to the relevant 70 day period.
4
Section 31(5A) and (5C): the reference to the 28 day period has effect as a reference to the relevant 70 day period.
5
Section 31(5B) does not apply.
6
Section 75(3)(a): the reference to 28 days has effect as a reference to 70 days (and the reference in section 31(5C) to 28 days has effect accordingly).
7
In this paragraph “relevant 70 day period” means the period—
a
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
b
ending at the end of the period of 70 days beginning with that day.
Effect of reducing statutory period
4
1
This paragraph applies if—
a
the Secretary of State gives notice under section 31(5EB) of the grant of an application made under section 31(5A) (reduction of statutory period) in relation to the referred marriage, and
b
that notice is given at a time when the duty under section 31(2) to issue a certificate in respect of the referred marriage has not arisen in accordance with paragraph 2.
2
The duty under subsection 31(2) to issue a certificate in respect of the referred marriage arises on the giving of the notice, subject to any other requirements applicable to the issue of the certificate being met.
3
But the requirements of paragraph 2 are not applicable in such a case.
4
The Secretary of State is not prevented from deciding to conduct, conducting, or continuing, an investigation if a certificate in respect of the referred marriage is issued as mentioned in sub-paragraph (2).
5
But in such a case, nothing in the 2014 Act requires the Secretary of State to decide whether to conduct, to conduct, or to continue, an investigation.
6
In this paragraph “investigation” means an investigation, conducted following a decision by the Secretary of State under section 48 of the 2014 Act, whether a proposed marriage is a sham.
FOURTH SCHEDULE Provisions of Act which are excluded or modified in their application to Naval, Military and Air Force Chapels
Part I Exclusion of Provisions relating to Marriages according to the Rites of the Church of England
Subsection (4) of section six.
Paragraph (b) of subsection (I) of section fifteen.
The proviso to section seventeen.
Section eighteen.
Section twenty.
Subsection (3) of section thirty-five.
The proviso to subsection (1) of section forty-four.
Sections fifty-three to fifty-seven, fifty-nine and sixty, so far as those sections relate to the registration of marriages by clergymen and to the duties of incumbents in relation to marriage register books.
Part II Modification of Provisions relating to Marriages according to the Rites of the Church of England
Subsection (1) of section six shall apply as if the chapel were the parish church of the parish in which the chapel is situated.
Subsection (3) of section seven shall apply as if for the reference to the parochial church council there were substituted, in relation to a naval chapel, a reference to the Admiralty and, in relation to any other chapel, a reference to a Secretary of State.
Section eight shall apply as if it required the notice in writing mentioned therein to include a statement that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act, and to specify the person so qualified and the nature of his qualification.
Paragraph (a) of subsection (1) of section fifteen shall apply as if the chapel were the parish church of the parish in which the chapel is situated.
Subsection (1) of section sixteen shall apply as if it required the oath, which is to be taken thereunder, to include a statement that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act and to specify the person so qualified and the nature of his qualification.
Subsection (3) of section twenty-seven shall apply as if it required the notice of marriage to include a statment that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act and to specify the person so qualified and the nature of his qualification.
Section fifty shall apply as if for the reference to the officiating clergyman there were substituted a reference to the clergyman appointed under section sixty-nine of this Act for the purpose of registering marriages, in whose presence the marriage is solemnized.
Part III Exclusion of Provisions relating to Marriages otherwise than according to the Rites of the Church of England
Words in Sch. 4 Pt. 3 repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 32, Sch. 16; S.I. 2000/2698, art. 2
Words in Sch. 4 Pt. 3 inserted by Marriage Acts Amendment Act 1958 (c. 29), s. 1(2)
Words in Sch. 4 Pt. 3 inserted (3.6.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 21(2); S.I. 2014/93, art. 5(d)
Part IV Modification of Provisions relating to Marriages otherwise than according to the Rites of the Church of England
Word in Sch. 4 Pt. 4 inserted (3.6.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 21(3); S.I. 2014/93, art. 5(d)
Subsection (3) of section twenty-seven shall apply as if it required the notice of marriage to include a statement that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act and to specify the person so qualified and the nature of his qualification.
Sections forty-three, F1143B, forty-four and fifty-four shall apply as if for any reference to the trustees or governing body of a building there were substituted a reference to the Admiralty or any person authorised by them, in the case of a naval chapel, and a reference to a Secretary of State or any person authorised by him, in the case of any other chapel.
FIFTH SCHEDULE Enactments repealed
Part I
Acts of Parliament repealed
Entries repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5), Sch. 1
Session and Chapter | Short Title | Extent of Repeal |
|---|---|---|
. . . F5 | . . . F5 | . . . F5 |
62 & 63 Vict. c.27. | The Marriages Validity Act, 1899. | The whole Act so far as it relates to marriages solemnized in England. |
. . . F5 | . . . F5 | . . . F5 |
8 Edw. 7, c.26. | The Naval Marriages Act, 1908. | The whole Act so far as it relates to marriages solemnized in England. |
. . . F5 | . . . F5 | . . . F5 |
2 & 3 Geo. 6, c.33. | The Marriage Act, 1939 | Section one, so far as it relates to marriages solemnized in England |
. . . F5 | . . . F5 | . . . F5 |
Part II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6
Entries repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5), Sch. 1
SIXTH SCHEDULE Provisions of Act which do not extend to Wales
Words repealed by Marriages (Wales and Monmouthshire) Act 1962 (c. 32), s. 1(1)
Entry repealed as provided by Marriage (Wales) Act 1986 (c. 7, SIF 49:1), s. 1
Sch. 1 substituted (5.12.2005 for the purposes of Sch. 1 Pts. 1, 2 only) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 17; S.I. 2005/3175, art. 2(2)(5)