PART 4Marriage and civil partnership
CHAPTER 3Other provisions
Persons not relevant nationals etc: marriage on superintendent registrar's certificates
I158Requirement as to giving of notice of marriage or civil partnership
1
Section 19 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (procedure for marriage in England and Wales) is amended in accordance with subsections (2) and (3).
2
For subsection (1) substitute—
1
This section applies to a marriage that is to be solemnised on the authority of certificates issued by a superintendent registrar under Part 3 of the Marriage Act 1949 (the “1949 Act”) unless each party to the marriage falls within exception A or exception B.
1A
A party to the marriage falls within exception A if the person is a relevant national.
1B
A party to the marriage falls within exception B if—
a
the person is exempt from immigration control, and
b
the notice of marriage is accompanied by the specified evidence required by section 28C(2) of the 1949 Act that the person is exempt from immigration control.
3
For subsection (4) substitute—
4
In this section—
a
a reference to a person being a relevant national, or being exempt from immigration control, has the same meaning as in section 49 of the Immigration Act 2014;
b
“notice of marriage” means a notice of marriage given under section 27 of the 1949 Act.
4
Schedule 23 to the Civil Partnership Act 2004 (immigration control and formation of civil partnerships) is amended in accordance with subsections (5) to (9).
5
Before paragraph 1 insert—
A1
1
Part 2 of this Schedule applies to a civil partnership that is to be formed in England and Wales by signing a civil partnership schedule unless each party to the civil partnership falls within exception A or exception B.
2
A party to the civil partnership falls within exception A if the person is a relevant national.
3
A party to the civil partnership falls within exception B if—
a
the person is exempt from immigration control, and
b
the notice of civil partnership is accompanied by the specified evidence required by section 9A(2) that the person is exempt from immigration control.
4
In this paragraph, a reference to a person being a relevant national, or being exempt from immigration control, has the same meaning as in section 49 of the Immigration Act 2014.
6
For paragraph 1(1) substitute—
1
1A
Part 3 of this Schedule applies if—
a
two people wish to register in Scotland as civil partners of each other, and
b
one of them is subject to immigration control.
1B
Part 4 of this Schedule applies if—
a
two people wish to register in Northern Ireland as civil partners of each other, and
b
one of them is subject to immigration control.
7
For paragraph 3 substitute—
3
This Part of this Schedule applies as mentioned in paragraph A1.
8
For paragraph 8 substitute—
8
This Part of this Schedule applies as mentioned in paragraph 1(1A).
9
For paragraph 12 substitute—
12
This Part of this Schedule applies as mentioned in paragraph 1(1B).