The Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc.) Regulations 2015

Explanatory Note

(This note is not part of the Regulations)

These Regulations make provision for the conduct of investigations into proposed marriages and civil partnerships referred to the Secretary of State under the Marriage Act 1949 (c. 76) (in England and Wales), the Marriage (Scotland) Act 1977 (c. 15), the Marriage (Northern Ireland) Order 2003 (S.I. 2003/413 NI 3) and Part 1, 3 or 4 of the Civil Partnership Act 2004 (c. 33). Where a proposed marriage or civil partnership is referred to her, the Secretary of State must decide whether or not to investigate whether it is a sham (and serve a notice under section 48 of the Immigration Act 2014 (c. 22) of her decision).

Regulation 3 makes general provision about an investigation and its purpose. Regulation 4 makes provision about interviews with relevant parties, which may form part of the investigation, including how and where they may be conducted. The provision made by regulation 4 is common to all interviews. Regulations 6 to 10 make provision for specific types of interviews, for example the specific provisions that will apply when an interview is conducted in person at a relevant party's home (regulation 6), at Home Office premises outside the United Kingdom (regulation 8) or if a relevant party is detained (regulation 10).

By virtue of regulation 5 a relevant party may be required to make contact with the Secretary of State in the manner and by the date specified with a view to making arrangements for an interview to take place.

Under regulation 11 the Secretary of State may agree to rearrange an interview where the date or time arranged is not convenient. If she does, she may give shorter notice of the rearranged interview.

Regulation 12 concerns the provision of information, evidence or photographs by a relevant party. The Secretary of State can require these to be provided at any time. For example she may notify a relevant party before an interview that they will be required to provide certain information or evidence at an interview. Where evidence is in the form of documents, normally a relevant party will be required to provide the original (or in certain circumstances, a certified copy), but regulation 13 makes specific provision for electronic documents. Here documents such as text messages or emails may instead be shown or forwarded to the Secretary of State.

Regulations 15 to 17 deal with the compliance question (that is to say whether or not each of the relevant parties has complied with the investigation). The compliance question is determined by reference to whether a relevant party has complied with the relevant requirements. Relevant requirements are defined by section 50(11) of the Immigration Act 2014 and include the requirements specified in regulation 14 of these Regulations. Where a relevant party has failed to comply with a relevant requirement, the Secretary of State may give that party notice of that and require him or her to contact her.

Regulation 17 sets out how the Secretary of State must decide the compliance question. For example where a party fails without reasonable excuse to comply with a relevant requirement, the Secretary of State may decide that that party has failed to comply with the investigation.

Regulation 18 sets out what information must, in addition to that required by section 51(1) of the Immigration Act 2014, be included in the section 48 notice.

An impact assessment has not been prepared for these Regulations as no impact on the voluntary or private sectors is foreseen. An impact assessment was prepared in respect of the proposals now forming Part 4 of the Immigration Act 2014 and is available athttps://www.gov.uk/government/publications/immigration-bill-part-4-marriage-and-civil-partnership