EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations consolidate the Registration of Marriages Regulations 1986 (“the 1986 Regulations”) and the Registration of Marriages (Welsh Language) Regulations 1999, and five amending instruments. They also make substantive amendments in consequence of Part 4 of the Immigration Act 2014 (c. 22), which introduces a new referral and investigation scheme to assist investigation by the Secretary of State of suspected sham marriages and civil partnerships.
In Part 2, the Regulations prescribe the forms to be used for the preliminaries to marriage (regulations 4 to 7 and Schedule 1). Two new marriage notice forms are prescribed in consequence of the requirement in section 27E of the Marriage Act 1949 (c. 76) for non-relevant nationals (those who are not British, EEA or Swiss nationals) to provide additional information when giving notice of marriage.
The Regulations specify (regulation 8 and Schedule 3) the evidence that must be provided by each party giving notice of marriage, or following ecclesiastical preliminaries, as the case may be, in accordance with the requirements in sections 8, 16 and 28B of the Marriage Act 1949.
Regulation 9 restates, with minor drafting changes, the procedure for applications to reduce the waiting period under section 31(5A) of the Marriage Act 1949. The waiting period was increased from 15 to 28 days by the Immigration Act 2014. Regulations 10 and 11 prescribe forms for the Superintendent Registrar’s certificate for marriage and instructions for the solemnization of marriage, which are unchanged. The Registrar General’s licence for marriage (issued under the Marriage (Registrar General’s Licence) Act 1970 where one party to the proposed marriage is seriously ill and is not expected to recover), is also unchanged.
Part 3 of the Regulations is concerned with the registration of marriage. These provisions restate the 1986 Regulations with minor drafting changes. The only change of substance is in regulation 13(2)(i) and (k), which make a minor change to the manner of registration of the condition (i.e. marital or civil partnership status) of parties who have previously been married to each other. This change is made in consequence of the Marriage (Same Sex Couples) Act 2013 (c. 30), with the aim of protecting the privacy of people who have obtained gender recognition.
Part 4 relates to the correction of errors in marriage registers, and Part 5 makes miscellaneous provision. No changes of substance are made to the position under the 1986 Regulations save that some of the more detailed provision relating to the manner of signing the register (regulation 15) and corrections before the entry is complete (in regulation 18) has been removed and will be dealt with administratively. In addition, what was regulation 19 of the 1986 Regulations (applications for certificates under section 10 of the Savings Bank Act 1887) has been removed, as no separate procedure exists for such applications.
An impact assessment has not been prepared for this instrument as no impact on the private or voluntary sectors is foreseen.