The Reporting of Suspicious Marriages and Registration of Marriages (Miscellaneous Amendments) Regulations 2000

Statutory Instruments

2000 No. 3164

REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, ETC. ENGLAND AND WALES

The Reporting of Suspicious Marriages and Registration of Marriages (Miscellaneous Amendments) Regulations 2000

Made

29th November 2000

Coming into force

1st January 2001

The Registrar General, in exercise of the powers conferred on him by section 27(1), 27B(2)(b), 31(2), (5) and (5D), and 74 of the Marriage Act 1949(1) (as extended by section 26(3) of the Welsh Language Act 1993(2)), section 20(a) of the Registration Service Act 1953(3) and section 24(3) of the Immigration and Asylum Act 1999(4) and of all other powers enabling him in that behalf, with the approval of the Chancellor of the Exchequer(5), hereby makes the following Regulations:—

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Reporting of Suspicious Marriages and Registration of Marriages (Miscellaneous Amendments) Regulations 2000 and shall come into force on 1st January 2001.

(2) In these Regulations, unless the context otherwise requires—

“registration officer” means one of the persons referred to in section 24(1)(a) or (b) of the 1999 Act or a registrar of marriages as referred to in section 24(2)(a) of that Act;

“the 1949 Act” means the Marriage Act 1949;

“the 1970 Act” means the Marriage (Registrar General’s Licence) Act 1970(6);

“the 1999 Act” means the Immigration and Asylum Act 1999;

“the Authorised Persons Regulations” means the Marriage (Authorised Persons) Regulations 1952(7);

“the principal Regulations” means the Registration of Marriages Regulations 1986(8); and

“the Welsh Regulations” means the Registration of Marriages (Welsh Language) Regulations 1999(9).

Reporting suspicious marriages

2.  For the purposes of section 24 of the 1999 Act (reporting suspicious marriages) a registration officer shall—

(a) report his suspicions to the Secretary of State by making a report in writing or other permanent form giving the information specified in Schedule 1 to these Regulations, and

(b) forward that report to the Home Office, Immigration and Nationality Directorate, Intelligence Section, Status 3, 4 Nobel Drive, Hayes, Middlesex UB3 5EY or, where the Secretary of State has notified the Registrar General of another address to be used in relation to any particular registration district, that address.

Amendment of the Authorised Persons Regulations

3.—(1) In regulation 9 (production and disposal of certificates, etc.)—

(a) in paragraph (2) omit the words “or certificate and licence” and “or certificate and licence,” where they appear; and

(b) omit the words “for transmission to the Registrar General”.

(2) In regulation 19 (residence) omit paragraph (2).

(3) In regulation 22 (attestation) omit the words “or “licence” as the case may be”.

(4) In the Schedule for “19”, wherever it appears as part of a date to be inserted, substitute “20”.

Amendment of the Principal Regulations

4.—(1) In regulation 3 (forms of notice of marriage)—

(a) for paragraph (a) substitute—

“(a) where—

(i) both parties are aged eighteen or over, form 1, and

(ii) either party is, or both parties are, aged under eighteen, form 1A;”, and

(b) omit paragraph (b).

(2) In regulation 6(1) (declaration for intended marriage of certain persons related by affinity) for “a certificate” substitute “certificates”.

(3) After regulation 6 insert—

“Application to reduce the 15 day waiting period

6A.— (1) For the purposes of section 31(5A) of the 1949 Act (application to the Registrar General to reduce the 15 day waiting period) where—

(a) a marriage is intended to be solemnized on the authority of certificates of a superintendent registrar,

(b) each person has given notice of marriage, and

(c) either of them has, or they each have, a reason for applying for a reduction of the 15 day period,

the following paragraphs of this regulation shall apply.

(2) The applicant shall—

(a) complete form 8A, and

(b) pass the completed application together with the fee to the superintendent registrar of the registration district in which that person has given notice of marriage.

(3) The superintendent registrar shall immediately forward the completed application and fee to the Registrar General.

(4) If, upon receipt of a completed application, the Registrar General requires further information, which may include documents, before making his decision he may—

(a) request that the superintendent registrar who forwarded the completed application obtain the information from the applicant and forward it to him, or

(b) request it from the applicant.

(5) After the Registrar General has considered the completed application and, where relevant, any further information obtained, and he is satisfied that there are, or are not, as the case may be, compelling reasons for reducing the 15 day period, he shall notifiy his decision both to the applicant and the superintendent registrar who forwarded the completed application to him.

(6) In this regulation “the applicant” means the person seeking a reduction in the 15 day period and “the completed application” means the completed form 8A together with any copy documents which support the reason given in that form for applying for a reduction of the 15 day period.”.

(4) In regulation 7 (authorities for marriage issued by a superintendent registrar and by the Registrar General)—

(a) in paragraph (1) omit “(marriage without licence)”; and

(b) omit paragraph 2.

(5) In regulation 8 (form of instructions for solemnization of a marriage etc.) for “section 31(5) or 32(4) of the Act, as the case may be,” substitute “section 31(5) of the Act”.

(6) In regulation 11 (manner of registration) omit paragraph (3).

(7) In regulation 12 (entry of attestation) in paragraphs (a), (b) and (bb) respectively omit the words “or, as the case may be, “licence””(10).

(8) In Schedule 1 (prescribed forms)—

(a) for the list headed “Contents” substitute the list headed “Contents” in Schedule 2 to these Regulations;

(b) for form 1 (notice of marriage without licence)(11) substitute the forms which appear as forms 1 and 1A in Schedule 2 to these Regulations;

(c) in form 9 (certificate for marriage)(12)—

(i) for “of the district of ... ... ... ... in the ... ... ... ...” substitute “of the district of ... ... ... ...”;

(ii) after the words “notice was” insert “given by ... ... ... ... and”; and

(iii) for the heading to column (8) substitute “Nationality and District of residence”;

(d) in form 12 (instructions for the solemnization of a marriage in a registered building without the presence of a registrar)(b) for paragraphs 1, 2 and 4 substitute the following paragraphs—

“1.   This marriage must take place in the registered building named in the superintendent registrar’s certificates for marriage, and nowhere else.

2.   The authorised person duly appointed for the registered building named in the certificates, or an authorised person for some other registered building in the same registration district, must be present at the marriage.

4.   Each certificate issued by a superintendent registrar as the legal authority for the marriage must be delivered to the authorised person in whose presence the marriage is to be solemnized. Unless these certificates are in his possession the authorised person must on no account allow the marriage to take place.”;

(e) after form 8 (declaration for marriages of certain persons related by affinity) insert the form which appears as form 8A in Schedule 2 to these Regulations;

(f) omit forms 2 (notice of marriage with licence) and 10 (certificate and licence for marriage); and

(g) where in any of the prescribed forms “19” appears as part of a date to be inserted, substitute “20”.

Amendment of the Welsh Regulations

5.—(1) For regulation 2 (forms of notice of marriage and of endorsement on notice) substitute—

“2.   In relation to a notice of marriage attested in Wales regulation 3(a) and 4 of the principal Regulations (forms of notice of marriage and endorsement on notice of marriage) shall have effect as if they referrred respectively not to forms 1 or 1A and 4 in Schedule 1 to those Regulations but to forms 1 or 1A and 3 respectively in Schedule 1 to these Regulations.”.

(2) After regulation 4 (declaration of certain affinal relationships) insert—

“Application to reduce the 15 day waiting period

4A.   In relation to a notice of marriage given in Wales, regulation 6A of the principal Regulations (application to reduce the 15 day waiting period) shall have effect as if it referred not to form 8A in Schedule 1 to those Regulations but to form 8A in Schedule 1 to these Regulations.”.

(3) For regulation 5 (authorities for marriage issued by a superintendent registrar etc.) substitute—

“5.   In relation to a certificate for marriage issued in Wales regulations 7(1) and 8 of the principal Regulations (authorities for marriage issued by a superintendent registrar etc. and form of instructions for solemnization of a marriage etc.) shall have effect as if they referred respectively not to forms 9 and 12 in Schedule 1 to those Regulations but to forms 6 and 8 in Schedule 1 to these Regulations.”.

(4) In regulation 7 (completion of forms)—

(a) in paragraph (1) for “Forms 1 to 7” substitute “Forms 1 to 6 and 8A”; and

(b) in paragraph 1(a)(i) for “forms 1 to 4, 6 and 7” substitute “forms 1 to 4, 6 and 8A”.

(5) In Schedule 1 (prescribed forms)—

(a) for the list headed “Prescribed forms” substitute the list headed “Prescribed forms” in Schedule 3 to these Regulations;

(b) for form 1 (notice of marriage without licence), substitute the forms which appear as forms 1 and 1A in Schedule 3 to these Regulations;

(c) in form 6 (certificate for marriage)—

(i) in the titles delete “without licence” and “heb drwydded”;

(ii) for “of the district of ... ... ... ... in the county of ... ... ... ...” substitute “of the district of ... ... ... ...”;

(iii) for “dosbarth ... ... ... ...yn sir ... ... ... ...” substitute “dosbarth ... ... ... ...”;

(iv) after the words “notice was” insert “given by ... ... ... ...and”;

(v) after the words “hysbysiad gael ei” insert “roddi gan ... ... ... ...a'i”; and

(vi) for the headings to column (8) substitute “Nationality and District of residence” and “Cenedligrwydd a Dosbarth y breswylfa”;

(d) in form 8 (form of instructions) for paragraphs 1, 2 and 4 substitute the following paragraphs—

“1.   This marriage must take place in the registered building named in the superintendent registrar’s certificates for marriage, and nowhere else.

2.   The authorised person duly appointed for the registered building named in the certificates, or an authorised person for some other registered building in the same registration district, must be present at the marriage.

4.   Each certificate issued by a superintendent registrar as the legal authority for the marriage must be delivered to the authorised person in whose presence the marriage is to be solemnized. Unless these certificates are in his possession the authorised person must on no account allow the marriage to take place.” and

“1.   Mae'n rhaid cynnal y briodas hon yn yr adeilad cofrestredig a enwir ar dystysgrifau priodas y cofrestrydd arolygol, ac yn unman arall.

2.   Mae'n rhaid i'r person awdurdodedig a benodwyd ar gyfer yr adeilad cofrestredig a enwir ar y tystysgrifau neu berson awdurdodedig ar gyfer adeilad cofrestredig arall yn yr un dosbarth cofrestru fod yn bresennol yn y briodas.

4.   Mae'n rhaid danfon pob tystysgrif a gyflwynir gan gofrestrydd arolygol fel awdurdod cyfreithiol y briodas i'r person awdurdodedig y bydd y briodas yn cael ei gweinyddu yn ei (g)ŵydd. Oni fydd y tystysgrifau hyn yn ei m/feddiant ni ddylai'r person awdurdodedig ar unrhyw gyfrif ganiatáu i'r briodas gael ei chynnal.”;

(e) after form 8 insert the form which appears as form 8A in Schedule 3 to these Regulations; and

(f) forms 2 (notice of marriage with licence) and 7 (certificate and licence for marriage) shall be omitted.

(6) In Schedule 2 in column 1 omit “licence” and in column 2 omit “trwydded”.

Transitional provision

6.  Regulations 3, 4 and 5 shall not apply in respect of any marriage, notice of which has been entered in the marriage notice book for—

(a) the registration district referred to in section 27(1)(a) or (2) of the 1949 Act, or

(b) each registration district referred to in section 27(1)(b) of the 1949 Act,

before 1st January 2001.

Given under my hand on

Len Cook

Registrar General

29th November 2000

I approve, Signed by authority of the Chancellor of the Exchequer

Melanie Johnson

Economic Secretary to the Treasury

29th November 2000

Regulation 2

SCHEDULE 1 INFORMATION TO BE PROVIDED WHEN REPORTING A SUSPICIOUS MARRIAGE

• Name and surname of each party to the marriage

• Date of birth and/or age of each party to the marriage

• Marital status of each party to the marriage

• Address (and district of residence) of each party to the marriage

• Nationality of each party to the marriage

• Date of marriage

• Place of marriage

• Time of marriage

• Nature of evidence produced in respect of—

  (i)

  name and age

  (ii)

  marital status

  (iii)

  nationality

  of the parties to the marriage

• Reason for making the report

• Full name of registration officer making the report

• Date report made

Regulation 4(8)

SCHEDULE 2

“CONTENTS

Form	Relevant regulation	Description	Statutory purpose
1	3(a)(i)	Notice of marriage where both parties aged 18 or over	Marriage Act 1949, section 27(1)
1A	3(a)(ii)	Notice of marriage where either or both parties under 18	Marriage Act 1949, section 27(1)
3	3(c)	Notice of marriage by Registrar General’s licence	Marriage (Registrar General’s Licence) Act 1970, section 2(1)
4	4	Endorsement on notice of marriage	Marriage Act 1949, section 35(1)
5	5(a)	Statement by registered medical practitioner	Marriage Act 1949, section 27A(2) and (7)
6	5(b)	Statement by responsible authority	Marriage Act 1949, section 27A(3)
7	5(c)	Particulars of person by or before whom marriage intended to be solemnized	Marriage Act 1949, section 27A(4)
8	6	Declaration for marriages of certain persons related by affinity	Marriage Act 1949, section 27B(2)(b)
8A	6A	Application to reduce the 15 day waiting period	Marriage Act 1949, section 31(5D)
9	7(1)	Certificate for marriage	Marriage Act 1949, section 31(2)
11	7(3)	Registrar General’s licence for marriage	Marriage (Registrar General’s Licence) Act 1970, section 7
12	8	Form of instructions	Marriage Act 1949, sections 31(5) and 32(4)
13	10(1)	Form of marriage entry	Marriage Act 1949, section 55(1)
14	18(a)	Quarterly return of marriages	Marriage Act 1949, section 57(2)
15	18(b)	Certificate of no registration	Marriage Act 1949, section 57(2)”

Regulation 3(a)(i), Marriage Act 1949, s.27(1)

Form 1 Notice of MarriagePARTICULARS RELATING TO THE PERSONS TO BE MARRIED

Regulation 3(a)(i), Marriage Act 1949, s.27(1)

Form 1A Notice of MarriagePARTICULARS RELATING TO THE PERSONS TO BE MARRIED

Regulation 6A(2), Marriage Act 1949, s.31(5A)

Form 8A Application to reduce the 15 day waiting period

Regulation 5(5)

SCHEDULE 3

“CONTENTS

PRESCRIBED FORMS

Form	Relevant regulation	Description	Statutory purpose
1	2	Notice of marriage where both parties aged 18 or over	Marriage Act 1949, section 27(1)
1A	2	Notice of marriage where either or both parties under 18	Marriage Act 1949, section 27(1)
3	2	Endorsement on notice of marriage	Marriage Act 1949, section 35(1)
4	3	Particulars of person by or before whom marriage intended to be solemnized	Marriage Act 1949, section 27A(4)
5	4	Declaration for marriages of certain persons related by affinity	Marriage Act 1949, section 27B(2)(b)
6	5	Certificate for marriage	Marriage Act 1949, section 31(2)
8	5	Form of instructions	Marriage Act 1949, sections 31(5D) and 32(4)
8A	4A	Application to reduce the 15 day waiting period	Marriage Act 1949, section 31(5)
9	6	Form of marriage entry	Marriage Act 1949, section 55(1)”

Regulation 2 Marriage Act 1949, s.27(1)

Form 1 Notice of Marriage/Hysbysiad PriodasPARTICULARS RELATING TO THE PERSONS TO BE MARRIED/MANYLION YNGLŶN Å'R PERSONAU A BRIODIR

Regulation 2 Marriage Act 1949, s.27(1)

Form 1A Notice of Marriage/Hysbysiad PriodasPARTICULARS RELATING TO THE PERSONS TO BE MARRIED/MANYLION YNGLŶN Å'R PERSONAU A BRIODIR

Regulation 6A(2) Marriage Act 1949, s.31(5A)

Form 8A Application to reduce the 15 day waiting period/Cais i leihau'r cyfnod aros o 15 diwrnod

Explanatory Note

(This note is not part of the Regulations)

These Regulations set out the procedure for reporting certain marriages to the Secretary of State where it is suspected that the marriage is to be or has been entered into for immigration purposes.

They also amend the Marriage (Authorised Persons) Regulations 1952, the Registration of Marriages Regulations 1986 (“the principal Regulations”) and the Registration of Marriages (Welsh Language) Regulations 1999 (“the Welsh Regulations”) respectively to reflect amendments made to the Marriage Act 1949 by the Immigration and Asylum Act 1999. In particular, they remove references to marriage by certificate and licence and omit the relevant forms for this. The Regulations also substitute new forms 1 and 1A for marriage by certificate and amend the form of instructions (form 12 in the principal Regulations and form 8 in the Welsh Regulations).

They also insert into the principal Regulations a new regulation which sets out the procedure, where there are exceptional circumstances, for making an application to the Registrar General to reduce the 15 day waiting period imposed under section 31 of the Marriage Act 1949, as amended by the Immigration and Asylum Act 1999, for all marriages which are to be solemnized on the authority of certificates issued by a superintendent registrar and they insert a new form 8A into Schedule 1 to those Regulations and the Welsh Regulations for that purpose.

NODYN ESBONIADOL

(Nid yw'r nodyn hwn yn ran o'r Rheoliadau)

Mae'r Rheoliadau hyn yn nodi'r drefn ar gyfer gadael i'r Ysgrifennydd Gwladol wybod am briodasau penodol ble mae amheuaeth fod y briodas i'w threfnu neu wedi ei threfnu ar gyfer pwrpasau mewnfudo.

Maent hefyd yn diwygio'r Rheoliadau Priodi (Personau Awdurdodedig) 1952, Rheoliadau Cofrestru Priodasau 1986 (“y prif Reoliadau”) a Rheoliadau Cofrestru Priodasau (Iaith Gymraeg) 1999 (“y Rheoliadau Cymraeg”) i ddangos diwygiadau a wnaethpwyd i Ddeddf Priodi 1949 gan Ddeddf Mewnfudo a Noddfa 1999. Yn benodol, maent yn dileu cyfeiriad at briodi drwy dystysgrif a thrwydded ac yn gadael y ffurflenni perthnasol ar gyfer hyn allan. Mae'r Rheoliadau hefyd yn newid ffurflenni 1 a 1A ar gyfer priodas drwy dystysgrif ac yn diwygio'r ffurflen gyfarwyddiadau (ffurflen 12 yn y prif Reoliadau a ffurflen 8 yn y Rheoliadau Cymraeg).

Maent hefyd yn rhoi yn y prif Reoliadau, reoliad newydd sydd yn nodi'r drefn, ble mae yna amgylchiadau eithriadol, ar gyfer gwneud cais i'r Cofrestrydd Cyffredinol i leihau y cyfnod aros o 15 diwrnod a osodwyd dan adran 31 o Ddeddf Priodi 1949, fel y'i diwygiwyd gan y Ddeddf Mewnfudo a Noddfa 1999, ar gyfer pob priodas sydd i'w gweinyddu ar awdurdod tystysgrifau a gyflwynir gan Gofrestrydd Arolygol a rhoddant ffurflen 8A newydd yn Atodiad 1 y Rheoliadau hynny a'r Rheoliadau Cymraeg i'r diben hwnnw.

(1)

1949 c. 76. Section 27 was amended by the Marriage Act 1983 (c. 32). Section 27B was inserted by the Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16), Schedule 1, paragraph 5. Section 31(5D) was inserted by section 160(6) of the Immigration and Asylum Act 1999 (c. 33).

(2)

1993 c. 38.

(3)

1953 c. 37.

(4)

1999 c. 33.

(5)

The approval of the Chancellor of the Exchequer is required by section 74 of the Marriage Act 1949, as amended by Article 5(1) of, and paragraph 11 of Schedule 2 to, the Transfer of Functions (Registration and Statistics) Order 1996 (S.I. 1996/273) and section 24(4) of the Immigration and Asylum Act 1999 (c. 33).

(6)

1970 c. 34.

(7)

S.I. 1952/1869 as amended by S.I. 1971/1216, S.I. 1974/573 and S.I. 1986/1444.

(8)

S.I. 1986/1442 as amended by S.I. 1987/2088, S.I. 1995/744, S.I. 1996/2558 and S.I. 1997/2204.

(9)

S.I. 1999/1621.

(10)

Paragraph (bb) was inserted into regulation 12 by regulation 2 of S.I. 1995/744.

(11)

Forms 1, 9 and 12 were last amended by regulation 2 of, and Schedule 1 to, the Registration of Marriages (Amendment) Regulations 1997 (S.I. 1997/2204).

(12)

Forms 1, 9 and 12 were last amended by regulation 2 of, and Schedule 1 to, the Registration of Marriages (Amendment) Regulations 1997 (S.I. 1997/2204).