The Registration of Marriages (Amendment) Regulations 2011

Statutory Instruments

2011 No. 1172

Registration Of Births, Deaths, Marriages Etc, England And Wales

The Registration of Marriages (Amendment) Regulations 2011

Made

26th April 2011

Coming into force in accordance with regulation 1(2)

The Registrar General(1), in exercise of the powers conferred by sections 27(1), 74(1)(b) and 78(1) of the Marriage Act 1949(2) as extended by section 26(3) of the Welsh Language Act 1993(3), with the approval of the Secretary of State(4) makes the following Regulations:

Citation and commencement

1.—(1) These Regulations may be cited as the Registration of Marriages (Amendment) Regulations 2011.

(2) These Regulations shall come into force on the day on which the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Remedial) Order 2011(5) comes into force.

Amendment to the Registration of Marriages Regulations 1986

2.—(1) The Registration of Marriages Regulations 1986(6) are amended as follows.

(2) In Schedule 1 (prescribed forms) —

(a) for Form 1B (notice of marriage given by a party who is subject to immigration control and where both parties are aged eighteen or over) substitute Form 1B in Schedule 1 to these Regulations.

(b) for Form 1C (notice of marriage given by a party who is subject to immigration control and where either party is, or both parties are, under eighteen) substitute Form 1C in Schedule 1 to these Regulations.

Amendment to the Registration of Marriages (Welsh Language) Regulations 1999

3.—(1) The Registration of Marriages (Welsh Language) Regulations 1999(7) are amended as follows.

(2) In Schedule 1 (Prescribed forms) —

(a) for Form 1B in Schedule 1 substitute Form 1B in Schedule 2 to these Regulations; and

(b) for Form 1C in Schedule 1 substitute Form 1C in Schedule 2 to these Regulations.

Made by

Sarah Rapson

Registrar General

26th April 2011

I approve,

Damian Green

Minister of State

Home Office

25th April 2011

Regulation 2(2)(a)

SCHEDULE 1

Regulation 2(2)(b)

SCHEDULE 2

Regulation 3(2)(a)

Regulation 3(2)(b)

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Registration of Marriages Regulations 1986 and the Registration of Marriages (Welsh Language) Regulations 1999 to reflect the amendments made to the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 by the Remedial Order under section 10(2) of the Human Rights Act 1998 following judgement in the case of “Baiai and others v Secretary of State for the Home Department [2006] EWHC 823 QB”. The amendments in these Regulations remove the declaration on the forms for giving notice of marriage which require a person subject to immigration control to provide evidence of eligibility.

(1)

The Registrar General may make Regulations prescribing anything which by the Marriage Act 1949 is required to be prescribed. (Prescribed is defined in section 78 of the Act).

(2)

1949 c.76.

(3)

1993 c.38.

(4)

The Registrar General with the approval of the Secretary of State may make regulations prescribing anything which by the Marriage Act is required to be prescribed. The function of approving regulations was transferred to the Secretary of State for the Home Department by article 3(1) of and paragraph 5(e) of Schedule 1 to the Transfer of Functions (Registration) Order 2008 (S.I. 2008/678).

(5)

S.I. 2011/1158.

(6)

S.I. 1986/1442 amended by S.I. 2005/155; there are other amending instruments but none is relevant.

(7)

S.I. 1999/1621 amended by S.I. 2005/155; there are other amending instruments but none is relevant.