Chapter 4 – Miscellaneous and supplementary
Section 239: Commanding officers’ certificates for part 2 purposes
469.This section applies to cases where two people wish to register as civil partners of each other in England and Wales and one of them (“A”) is a member of the armed forces and the other resides in England and Wales. Her Majesty may by Order in Council make provision for the issue by A’s commanding office of a certificate of no impediment in such cases. A certificate of no impediment is needed for the two people to register as civil partners of each other under section 20. The section follows the approach taken in the Marriage Act 1949 (c.76) in relation to persons serving in a naval vessel at sea, but extends it to all members of the armed forces.
Section 240: Certificates of no impediment to overseas relationships
470.This section permits the making of an Order in Council to allow for the issue of a certificate of no impediment where a United Kingdom national (or a Commonwealth national if prescribed in the Order in Council) intends to enter into an overseas relationship with a person who is neither a United Kingdom national nor a Commonwealth national. The Order in Council will also prescribe the countries or territories which are covered. This power will be used to make provision corresponding to the provisions of section 1(1) of the Marriage with Foreigners Act 1906 (c.40). “United Kingdom national” is defined in section 245. “Overseas relationship” is defined in sections 212 to 214.
Section 241: Transmission of certificates of registration of overseas relationships
471.This section permits the making of an Order in Council to provide for the transmission to the Registrar General of foreign certificates in relation to overseas relationships, for the issue of certified copies by the Registrar General, and for these to be received in evidence. This section will be used to make provision for civil partnerships corresponding to the provisions of section 18(2) of the Foreign Marriage Act 1892 (c.23).
Section 242: Power to make provision relating to certain Commonwealth forces
472.This section permits the making of an Order in Council to ensure that, where the law of certain Commonwealth countries makes provision corresponding to section 211 (allowing for registration by armed forces personnel serving abroad), relationships formed under such provisions can be recognised in the UK. This will enable provision to be made, if necessary, equivalent to that which can be made under section 3(2) of the Foreign Marriage Act 1947 (c.33).
Section 243: Fees
473.Subsection (1) provides that the power of the Chancellor of the Exchequer under section 34(1) to make provision for fees may be used to prescribe fees in respect of things done by registration authorities, or by or on behalf of the Registrar General for England and Wales, by virtue of an Order in Council under Part 5 of the Act. This could be used, for example, to set a fee for attesting a notice of intention to register an overseas relationship under an Order in Council made under section 240 (certificates of no impediment to overseas relationships).
474.Subsections (2) and (3) provide power for the Registrar General for Scotland, with the approval of the Scottish Ministers, to make regulations prescribing fees in respect of things done by virtue of an Order in Council under Part 5 of the Act.
475.Subsection (4) provides that the power of the Department of Finance and Personnel in Northern Ireland under section 157(1) to make provision for fees may be used to prescribe fees in respect of things required by virtue of an Order in Council under Part 5 of the Act to be done by or on behalf of the Registrar General for Northern Ireland.
Section 244: Orders in Council: supplementary
476.This section contains supplementary provisions in relation to the powers to make an Order in Council contained in sections 210, 211 and 239 to 242. Statutory instruments containing an Order in Council under those sections are to be subject to the negative resolution procedure. This procedure applies even if other provisions are included which are made by Order in Council under existing legislation on foreign marriages, such as the Foreign Marriage Act 1892. This section also provides that Orders in Council under those sections may make different provision for different cases. This may be necessary, for example, to take account of differing local conditions in different countries. They may in addition include, for example, supplementary, consequential and transitional provisions. Subsection (2) makes clear that such provisions may correspond to, or apply with modifications, any provision of or made under this Act or any Act relating to marriage outside the UK
Section 245: Interpretation
477.This section defines the terms “United Kingdom national” and “Her Majesty’s forces” for the purposes of this Part of the Act.
