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

PART 1 General

Citation and commencement

1.—(1) These Regulations may be cited as the Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc.) Regulations 2015.

(2) They come into force on 1st March 2015.

Interpretation

2.—(1) In these Regulations—

“2014 Act” means the Immigration Act 2014;

“bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971(1) in the part of the United Kingdom in which a relevant party is resident, unless a relevant party is not resident in the United Kingdom in which case it means a day which is a bank holiday under that Act in any part of the United Kingdom;

“detained” means detained—

(a)

under the Immigration Act 1971(2), under section 62 of the Nationality, Immigration and Asylum Act 2002(3) or under section 36 of the UK Borders Act 2007(4), or

(b)

in a prison or other place to which the Prison Act 1952(5), the Prisons (Scotland) Act 1989(6) or the Prisons Act (Northern Ireland) 1953(7) applies;

“Home Office premises” means—

(a)

in relation to premises in the United Kingdom, premises used by Home Office staff for the purposes of Home Office business, and

(b)

in relation to premises outside the United Kingdom, premises used by Home Office staff or Foreign and Commonwealth Office staff for the purposes of Home Office business,

whether or not those premises are also used for other purposes;

“normal office hours”, in relation to when an interview may take place means—

(a)

where a relevant party is in the United Kingdom, the hours between 9.00 am and 6.00 pm on a working day,

(b)

where a relevant party is in a country or territory outside the United Kingdom, such hours as are normally regarded as normal office hours on a day which is normally regarded as a working day in that country or territory;

“specified requirement” has the meaning given by regulation 14;

“working day” (other than in paragraph (b) of the definition of “normal office hours”) means a day other than a Saturday, a Sunday, Good Friday, Christmas day or a bank holiday.

(2) In these Regulations a reference to evidence, where that is in the form of a document, means (subject to paragraph (3) and regulation 12(6)(d)) the original document, and “document” means anything in which information of any description is recorded or stored.

(3) Where the document is an electronic document, it means the record which is accessible to the relevant party whether on a mobile device, other handheld device or personal computer.

(1)

1971 c. 80.

(2)

1971 c. 77; provision for detention is made by paragraph 16 of Schedule 2 and paragraph 2 of Schedule 3 to that Act. Amendments have been made to those provisions but those amendments are not relevant to these Regulations,

(3)

2002 c. 41; changes have been made to section 62 but they are not relevant to these Regulations.

(4)

2007 c. 30.

(5)

1952 c. 52.

(6)

1989 c. 45.

(7)

1953 c. 18 (NI)