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PART 4 E+WReferrals

Application of PartE+W

11.  This Part applies where—

(a)a superintendent registrar is required to refer a proposed marriage under section 28H(5)(a) of the 1949 Act,

(b)a registration authority is required to refer a proposed civil partnership under section 12A(5)(a) of the 2004 Act.

Timing of referralE+W

12.  As soon as practicable after (as the case may be)—

(a)the superintendent registrar has entered the particulars of the proposed marriage in the marriage notice book under section 27(4) of the 1949 Act M1, or

(b)the registration authority has recorded the information required in the register under section 8(5) of the 2004 Act,

the superintendent registrar or (as the case may be) the registration authority must refer the proposed marriage or civil partnership to the Secretary of State.

Marginal Citations

M1Section 27(4) was amended by paragraph 5 of Schedule 1 to the Marriage Act 1983 (c. 32) and paragraphs 1 and 2(1) and (3) of Schedule 4 to the Immigration Act 2014 (c. 22).

Manner of referralE+W

13.  A referral may be made—

(a)by transmitting it electronically, or

(b)(where that is not possible) by sending it by postal service,

in such form as the superintendent registrar or (as the case may be) the registration authority agrees with the Secretary of State.

Information to be sent with referral by a superintendent registrar or registration authorityE+W

14.—(1) Where a proposed marriage or civil partnership is referred to the Secretary of State under a provision mentioned in regulation 11, the referral must include the information set out in paragraph (2) in respect of each party.

(2) The information mentioned in paragraph (1) is—

(a)the two identification numbers assigned to the notice of marriage or proposed civil partnership given by the party,

(b)the date of the notice of marriage as entered in the marriage notice book or (as the case may be) the date of the notice of proposed civil partnership as recorded by the registration authority in the register,

(c)the registration district of the superintendent registrar to whom notice of marriage was given or (as the case may be) the registration authority to which notice of proposed civil partnership was given,

(d)the party's full name including—

(i)any prefix or suffix where one is provided,

(ii)forenames (limited to the first three if more than three), and

(iii)surname or surnames,

(e)any previous forenames used by the party (limited to the most recent two, if more than two),

(f)any previous surnames used by the party (limited to the most recent two, if more than two),

(g)any aliases used by the party (currently or in the past, limited to the most recent three, if more than three),

(h)the party's sex,

(i)the party's date of birth,

(j)the party's nationality,

(k)the party's usual address including (where applicable)—

(i)name, number or other identifier of dwelling,

(ii)street name,

(iii)town or city,

(iv)county (or equivalent administrative district),

(v)post code (or equivalent if outside the United Kingdom),

(vi)country,

(l)the party's email address (where provided),

(m)the party's telephone numbers (mobile, home and work, where provided),

(n)the party's marital or civil partnership status (including whether he or she has previously been married or registered as a civil partner),

(o)the party's passport—

(i)number,

(ii)date of issue, and

(iii)place of issue,

(p)details of the party's particular immigration status (where provided),

(q)a description of the evidence provided of the party's particular immigration status (where provided),

(r)details of the party's relevant visa (where provided),

(s)a description of the evidence provided of the party's relevant visa (where provided),

(t)details of the party's immigration position (where provided),

(u)a description of the evidence provided of the party's immigration position (where provided),

(v)the place of proposed marriage or civil partnership,

(w)the date of proposed marriage or civil partnership,

(x)the time of proposed marriage or civil partnership (where provided),

(y)whether a report under section 24 or (as the case may be) section 24A of the Immigration and Asylum Act 1999 M2 is to be made.

(3) In this regulation a reference to a party's immigration position is to be construed in accordance with—

(a)in the case of a proposed marriage, section 27E(10)(c) of the 1949 Act,

(b)in the case of a proposed civil partnership, section 8A(10)(c) of the 2004 Act.

Marginal Citations

M21999 c. 33; section 24 was amended by S.I. 2008/678 and sections 55(1) and (2) and 56(1) and (2)(a) to (d) of the Immigration Act 2014; section 24A was inserted by paragraph 162 of Schedule 27 to the Civil Partnership Act 2004 and amended by S.I. 2008/678 and sections 55(1) and (3) and 56(1) and (3)(a) to (d) of the Immigration Act 2014.