The Registration of Marriages Regulations 2021

Effect of caveat entered before 4th May 2021

5.—(1) A caveat entered under section 29 of the 1949 Act (caveat against issue of certificate)(1) against the issue of a certificate by a superintendent registrar and in force immediately before 4th May 2021 is to be treated, on and after that date, for the purposes of the 1949 Act as amended by these Regulations, as a caveat entered against the issue of a marriage schedule.

(2) Any—

(a) refusal, made under section 29(2) of the 1949 Act before 4th May 2021, to issue a certificate, or

(b) confirmation of the Registrar General, made under section 29(3) of the 1949 Act before 4th May 2021, in relation to a certificate,

is to be treated on and after that date as a refusal or (as the case may be) confirmation in relation to a marriage schedule or, where notice of the marriage concerned was given under section 1 of the 1956 Act (notice of marriage to be solemnized in Scotland), an approved certificate.

(3) Any appeal under section 29(3) of the 1949 Act against a refusal by a superintendent registrar to issue a certificate which is ongoing immediately before 4th May 2021 is to be treated on and after that date, for the purposes of the 1949 Act as amended by these Regulations, as an appeal against a refusal to issue a marriage schedule or, where notice of the marriage concerned was given under section 1 of the 1956 Act, an approved certificate.

(4) Any direction of the Registrar General, made under section 29(3) of the 1949 Act before 4th May 2021, that a certificate be issued is to be treated on and after that date as a direction, to the superintendent registrar for the registration district in which the marriage is to be solemnized, to issue—

(a) a marriage schedule, once satisfied that any of the conditions in section 31(3) of the 1949 Act (conditions for issuing marriage schedule), as amended by these Regulations, is met, or

(b) an approved certificate, where notice of the marriage concerned was given under section 1 of the 1956 Act and the waiting period mentioned in section 31(3)(a) of the 1949 Act, as amended by these Regulations, has expired in relation to that notice.

(5) A caveat entered under section 29 of the 1949 Act (as applied by section 39(2) of that Act (issue of certificates on board Her Majesty’s ships)(2)) against the issue of a certificate under section 39 and in force immediately before 4th May 2021 is to be treated, on and after that date, for the purposes of the 1949 Act as amended by these Regulations, as a caveat against the issue of a certificate under section 39 in respect of a marriage intended to be solemnized on the authority of a marriage schedule.

(1)

Section 29 was amended by paragraph 1 of Schedule 16 to the Immigration and Asylum Act 1999 and S.I. 1968/1242.

(2)

Section 39 was amended by paragraph 10 of Schedule 1 to the Marriage Act 1983, paragraph 6 of Schedule 1 to the Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16) and paragraphs 3 and 21 of Schedule 14 and paragraph 1 of Schedule 16 to the Immigration and Asylum Act 1999.