The Sham Marriage and Civil Partnership (Scotland and Northern Ireland) (Administrative) Regulations 2015 No. 404

Regulation 10

SCHEDULE 2 S+N.I. Evidence of usual address

Interpretation S+N.I.

1.  In this Schedule—

“certified copy” means a copy of an original document which—

(a)

is certified as a true copy of the original;

(b)

is signed and dated by the person who certifies it; and

(c)

states that person's name, contact details and position or occupation,

“driving licence”—

(a)

where a party's usual address is in the United Kingdom, means a licence granted under—

(i)

Part 3 of the Road Traffic Act 1988 M1 ; or

(ii)

the Road Traffic (Northern Ireland) Order 1981 M2 ;

and includes a provisional licence, a counterpart Community licence and a British external licence within the meaning of those enactments; and

(b)

where a party's usual address is in a country or territory outside the United Kingdom, means a licence issued by the appropriate authority in that country or territory,

“relevant notice” means the notice submitted or (as the case may be) given in respect of the proposed marriage or civil partnership.

Marginal Citations

M1 1988 (c. 52).

M2 S.I. 1981/154.

Evidence S+N.I.

2.  For the purposes mentioned in regulation 10, the relevant notice must be accompanied by one of the following—

(a) a utility bill,

(b) a bank or building society statement or passbook,

(c) where the party's usual address is in England, Wales or Scotland, a council tax bill,

(d) where the party's usual address is in Northern Ireland, a rate bill,

(e) a current residential tenancy agreement,

(f) a current mortgage statement,

(g) the party's valid driving licence, or

(h) a letter from the owner or proprietor (“P”) of the address which is the party's usual address which—

(i) confirms it is the party's usual address,

(ii) states that P is the owner or proprietor,

(iii) states P's name,

(iv) states P's address, and

(v) is signed and dated by P.

3.  The evidence mentioned in sub-paragraphs (a) to (f) of paragraph 2 must— S+N.I.

(a) be in the name of the party, or where it is the name of more than one person, one of them must be the party, and

(b) show the party's usual address as the address to which the evidence was sent.

4.  The utility bill mentioned in paragraph 2(a) must be dated no more than three months before the date on which the relevant notice is submitted or (as the case may be) given. S+N.I.

5.  The bank or building society statement or passbook mentioned in paragraph 2(b) must be dated no more than one month before the date on which the relevant notice is submitted or (as the case may be) given. S+N.I.

6.  The council tax bill mentioned in paragraph 2(c) or the rate bill mentioned in paragraph 2(d) must be dated no more than 12 months before the date on which the relevant notice is submitted or (as the case may be) given. S+N.I.

7.  The mortgage statement mentioned in paragraph 2(f) must be dated no more than 12 months before the date on which the relevant notice is submitted or (as the case may be) given. S+N.I.

8.  The letter mentioned in paragraph 2(h) must be dated no more than one month before the date on which the relevant notice is submitted or (as the case may be) given. S+N.I.

9.—(1) Where it is not practicable to provide the original of a passbook mentioned in sub-paragraph (b) or of a document mentioned in sub-paragraph (e), (f) or (g) of paragraph 2, a party may provide a certified copy. S+N.I.

(2) A document mentioned in paragraph (1) may not be certified by a person who is—

(a) a family member of the party or the other party,

(b) a person who lives with the party or the other party, or

(c) the other party.