The Registration of Marriages Regulations 2015

PART 1 General

Citation and commencement

1.  These Regulations may be cited as the Registration of Marriages Regulations 2015 and come into force on 2nd March 2015.

Interpretation

2.—(1) In these Regulations—

“the Act” means the Marriage Act 1949;

“1970 Act” means the Marriage (Registrar General’s Licence) Act 1970;

“entry” (unless the context otherwise requires), means a record of the particulars relating to a marriage completed in the appropriate places in form 15;

“occupation” includes rank or profession.

(2) In these Regulations, any reference to a numbered form is to the form bearing that number in Schedule 1, and any reference to a numbered column on a form, is to the column bearing that number on that form.

Completion of forms

3.—(1) Forms 1(w) to 6(w), 9(w) to 12(w) and 15(w) in Schedule 1 must be completed in English and must also be completed in Welsh if—

(a) in the case of—

(i) forms 1(w) to 6(w), 9(w), 11(w) and 12(w), the party giving notice of the marriage, and

(ii) form 10(w), the person making the declaration,

so elects, and provides the required particulars in both languages, and the person by whom the notice, or as the case may be the declaration, is attested can understand and write Welsh;

(b) in the case of form 15(w), the parties to the marriage so elect and provide the required particulars in both languages, and the person who registers the marriage can understand and write Welsh.

(2) Where a form of words set out in column 1 of Schedule 2 to these Regulations is used in completing a form in English, the corresponding form of words set out in column 2 must be used where the form is also completed in Welsh.

PART 2 Preliminaries to Marriage

Forms of notice of marriage

4.—(1) The form of notice of marriage to be given by each party to the marriage under section 27(1) of the Act(1) where—

(a) both parties are relevant nationals(2) and where—

(i) both parties are aged 18 or over, is form 1 if attested in England, or form 1(w) if attested in Wales; or

(ii) either party is, or both parties are, aged under 18, is form 2 if attested in England, or form 2(w) if attested in Wales.

(b) either party is not, or neither party is, a relevant national and where—

(i) both parties are aged 18 or over, is form 3 if attested in England, or form 3(w) if attested in Wales; or

(ii) either party is, or both parties are, aged under 18, is form 4 if attested in England, or form 4(w) if attested in Wales.

(2) The form of notice of marriage to be given by either party to the marriage under section 2(1) of the 1970 Act is form 5 if attested in England, or form 5(w) if attested in Wales.

Endorsement on notice of marriage

5.  The form of endorsement on the notice of marriage to be made under section 35(1) of the Act(3) (in respect of an intended marriage in a registration district in which neither party to the marriage resides) is form 6 if the notice is attested in England, or form 6(w) if attested in Wales.

Statements and particulars for intended marriage of housebound or detained person

6.—(1) The form of medical statement to be given under section 27A(2) of the Act(4) is form 7 concerning a person housebound in England, or form 7(w) concerning a person housebound in Wales.

(2) The form of statement to be made in relation to a detained person under section 27A(3) of the Act is form 8 concerning a person detained in England, or form 8(w) concerning a person detained in Wales.

(3) The form of the particulars of the person by or before whom the marriage is to be solemnized, which is to be given under section 27A(4) of the Act, is form 9 in relation to a marriage intended to be solemnized in England, or form 9(w) in relation to a marriage intended to be solemnized in Wales.

Declaration for intended marriage of certain persons related by affinity

7.—(1) The form of declaration to be made by each of the persons to be married, in accordance with section 27B(2)(b) of the Act(5), is form 10 in relation to a marriage intended to be solemnized in England, or form 10(w) in relation to a marriage intended to be solemnized in Wales.

(2) A declaration mentioned in paragraph (1) must be signed by the person making it in the presence of the superintendent registrar, who must then sign the declaration as witness and add his or her description.

(3) The superintendent registrar referred to in paragraph (2) is the superintendent registrar to whom notice of the marriage is required to be given by the person making the declaration.

Specified Evidence

8.—(1) Schedule 3 has effect to specify—

(a) evidence of a person’s relevant nationality, for the purposes of sections 8(1)(b)(6) and 16(1C)(7) of the Act (see paragraph 2 of Schedule 3);

(b) evidence of a person’s name, surname, and date of birth, for the purposes of section 28B(1)(a) and (b)(8) of the Act, and a person’s nationality, for the purposes of section 28B(1)(d) of the Act (see paragraph 3 of Schedule 3);

(c) evidence of a person’s place of residence, for the purposes of section 28B(1)(c) of the Act (see paragraph 4 of Schedule 3); and

(d) evidence of the ending of a person’s previous marriage or civil partnership, for the purposes of section 28B(2) of the Act (see paragraph 5 of Schedule 3).

Application to reduce the 28 day waiting period

9.—(1) An application under section 31(5A) of the Act(9) to reduce the 28 day waiting period must be made—

(a) by a party to the marriage;

(b) to the superintendent registrar to whom that party has given notice of marriage;

(c) on form 11 if the notice is given in England, or form 11(w) if the notice is given in Wales, together with any evidence which supports the reason given in the form for applying for a reduction in the 28 day period;

and must be accompanied by the fee.

(2) The superintendent registrar must immediately forward the completed application and the fee paid to the Registrar General.

(3) If, on receipt of a completed application, the Registrar General requires further information (which may include documents), before making his or her decision, the Registrar General may—

(a) request that the superintendent registrar who forwarded the completed application obtain the information from the applicant and forward it to the Registrar General; or

(b) request it from the applicant.

(4) After the Registrar General has considered the completed application and any further information obtained, and is satisfied that there are, or are not, as the case may be, compelling reasons for reducing the 28 day period, the Registrar General must notify that decision to the applicant and to the superintendent registrar who forwarded the completed application.

(5) In this regulation—

“applicant” means the person seeking a reduction in the 28 day period;

“completed application” means the completed form 11 (or form 11(w) as the case may be) together with any evidence referred to in paragraph (1)(c); and

“fee” means the fee as specified (if one is so specified) in an order under section 31(5F) of the Act(10).

Authorities for marriage issued by a superintendent registrar and by the Registrar General

10.—(1) The form of certificate for marriage to be issued under section 31(2) of the Act(11) is form 12 if the certificate is issued in England, or form 12(w) if the certificate is issued in Wales.

(2) The form of the Registrar General’s licence for marriage to be issued under section 7 of the 1970 Act is form 13.

Form of instructions for solemnization of a marriage in a registered building without the presence of a registrar

11.  The form of instructions to be given under section 31(5) of the Act(12) is form 14 if the certificate for marriage is issued in England, or form 14(w) if the certificate is issued in Wales.

PART 3 Registration of Marriage

Form of registration of particulars and place of registration

12.—(1) The form of registration of the particulars relating to a marriage pursuant to section 55(1) of the Act is Part 1 of form 15 in relation to a marriage solemnized in England, or form 15(w) in relation to a marriage solemnized in Wales, together with the form of attestation in Part 2 of that form which is appropriate to the place and manner of solemnization.

(2) Where a registrar is required to register the marriage, the registrar must register it immediately after the solemnization of the marriage and in accordance with the provisions of this Part, within the premises where it was solemnized.

Manner of registration

13.—(1) Where a registrar is required to register the marriage the registrar must, subject to paragraph (5), enter the particulars required in each column of Part 1 of form 15 (or form 15(w) as the case may be).

(2) In column 4 the registrar must enter the condition of the parties to the marriage in the following manner—

(a) if a party has not previously been married or formed a civil partnership, enter the word “Single”;

(b) if a party’s previous marriage was terminated by death, enter the word “Widower” or “Widow”, as the case may be;

(c) if a party’s previous civil partnership was terminated by death, enter the words “Surviving civil partner”;

(d) if a party’s previous marriage was annulled on the ground that the marriage was voidable, enter the words “Previous marriage annulled”;

(e) if a party’s civil partnership was annulled on the grounds that the civil partnership was voidable, enter the words “Previous civil partnership annulled”;

(f) if a party’s previous marriage was terminated by divorce, enter the words “Previous marriage dissolved”;

(g) if a party’s previous civil partnership was terminated by dissolution, enter the words “Previous civil partnership dissolved”;

(h) unless sub-paragraph (i) applies, if the marriage is between two parties who have previously been through a form of marriage with each other (not being a marriage which is known to have been null and void) and neither of them has since married a third party, then notwithstanding sub-paragraphs (d) and (f)—

(i) if the previous marriage was terminated by divorce, enter the words “Previously married at … on … Marriage dissolved on …”, inserting particulars of the place and date of the previous marriage and the date of its dissolution, or

(ii) if the previous marriage was annulled, enter the words “Previously married at …    on … Marriage annulled on …”, inserting particulars of the place and date of the previous marriage and the date of its annulment, or

(iii) if the ceremony was performed for the avoidance of doubt as to the validity of a previous ceremony, enter the words “Previously went through a form of marriage at … on …”, inserting the particulars of the place and date of the previous ceremony;

(i) where sub-paragraph (h) applies, and the parties are now legally of the same sex but their previous marriage was a marriage between a man and a woman, enter the form of words referred to in sub-paragraph (d) or (f) (as applicable), but if the parties so request, enter the form of words referred to in sub-paragraph (h)(i), (ii) or (iii) (as applicable);

(j) if the marriage is between two parties of the same sex who have previously been through a form of civil partnership with each other (not being a civil partnership which is known to be void) and neither of them has since formed a civil partnership with, or married, a third party, then notwithstanding sub-paragraphs (e) and (g)—

(i) if the previous civil partnership has been terminated by final order of dissolution, enter the words, “Previously formed a civil partnership at … on … Civil partnership dissolved on …”, inserting particulars of the place and date of the previous civil partnership and the date of dissolution, or

(ii) if the previous civil partnership was annulled, enter the words, “Previously formed a civil partnership at … on … Civil partnership annulled on …”, inserting the particulars of the place and date of the previous civil partnership and the date of its annulment;

(k) if the marriage is between a man and a woman who have previously been through a form of civil partnership with each other (not being a civil partnership which is known to be void) and neither of them has since formed a civil partnership with, or married, a third party, enter the form of words referred to in sub-paragraph (e) or (g) (as applicable), but if the parties so request, enter the form of words referred to in sub-paragraph (j)(i) or (ii) (as applicable);

and no further entry is to be made in column 4.

(3) In column 7 if the father of either party to the marriage is deceased, the registrar must enter the word “deceased” after the surname.

(4) In column 7, if either party to the marriage wishes to record a step-father’s name instead of the father’s name, the registrar must enter the word “step-father” after the surname, provided he is or has been married to the mother.

(5) Where it appears to the registrar that he or she cannot enter the particulars required in any column in Part 1 of form 15, the registrar must draw a line in ink through that column.

Form of attestation

14.  In the form of attestation set out in Part 2 of form 15 the registrar must enter in the appropriate places—

(a) if the marriage has been solemnized in a registered building according to the rites and ceremonies of any religious body or denomination, the title of that body or denomination, the description of the registered building, and the word “certificate”;

(b) if the marriage has been solemnized in a superintendent registrar’s office, the words “register office” and “certificate”;

(c) if the marriage has been solemnized on approved premises in accordance with section 26(1)(bb) of the Act(13), the description of the approved premises and the word “certificate”;

(d) if the marriage has been solemnized on the authority of a Registrar General’s licence, the address of the place in which the marriage has been solemnized, the title of the religious body or denomination, if any, according to the rites and ceremonies of which the marriage has been solemnized, and the words “Registrar General’s licence”;

(e) if the marriage has been solemnized at a person’s residence in pursuance of section 26(1)(dd) or section 26B(6) of the Act(14), the address of the place in which the marriage has been solemnized, the title of the religious body or denomination, if any, according to the rites and ceremonies of which the marriage has been solemnized, and the word “certificate”.

Signing the register

15.  After entering the required particulars and before the register is signed in accordance with section 55(2) of the Act, the registrar must request the parties to the marriage to verify those particulars and if it appears that any error has been made, the registrar must in the presence of the parties make the necessary correction in accordance with regulation 18(1).

PART 4 Correction of Errors

Time when entry is complete

16.  An entry of marriage made by a registrar is deemed to have been completed when the registrar has signed the entry and added his official description.

Correction of errors in Wales

17.  Where an error or omission is corrected in an entry in a marriage register book kept in Wales, the correction must be made in English if the error or omission occurs in particulars entered in English, and in Welsh if the error or omission occurs in particulars entered in Welsh.

Correction of errors before entry is complete

18.—(1) Where under regulation 15 the registrar is required to correct an error in an entry of a marriage before the entry is complete, the registrar must, subject to paragraph (2), make the correction, but so that the original incorrect information remains legible.

(2) If it appears that an error has been made in the signature of one of the parties or witnesses to a marriage the signatory, and not the registrar, must correct the signature, and the registrar must add his or her initials.

Correction of errors in completed entry

19.  Where it appears or is represented to the superintendent registrar or the registrar that there is in a completed entry in a marriage register book in his or her custody an error to which section 61 of the Act (correction of errors in register book) relates, he must send a report to the Registrar General giving such information as the Registrar General may require, together with a copy of the entry, and must comply with any instruction which the Registrar General may give for the purpose of verifying the facts of the case and of ascertaining whether the parties or witnesses would be available to witness the correction of the entry.

Copy of corrected or annotated entry to be sent to Registrar General

20.  Where a registrar makes any correction or annotation to a completed entry in a marriage register book, the registrar must within seven days make and send to the Registrar General a copy of that entry as corrected or annotated (or both) including a copy of any marginal note, certified by—

(a) the registrar, if the marriage register book containing that entry is in his or her custody (and paragraph (b) does not apply);

(b) the registrar and the superintendent registrar, if the marriage register book containing that entry is in the custody of the registrar and a quarterly copy of the entry has been certified under section 57(1) of the Act; or

(c) the superintendent registrar, if the marriage register book containing that entry is in his or her custody.

PART 5 Miscellaneous Provisions

Certified copies

21.  Where a certified copy of an entry in a marriage register book containing English only, or in a certified copy of such a book, is made on a form containing both English and Welsh but the particulars in the original entry and those entered in the certified copy of that entry do not differ in any other respect, the certified copy is to be treated as a true copy of the original entry.

Quarterly certified copies

22.  For the purposes of section 57(2) of the Act, the form of certification by a registrar—

(a) of a true copy of all entries of marriages made in the marriage register book during a period, is form 16;

(b) that no marriage has been registered in that book during that period, is form 17.

Offences and proceedings

23.—(1) If it appears to a superintendent registrar or a registrar that any offence under or breach of the Act or the 1970 Act or, so far as they relate to marriages, the Perjury Act 1911(15) or the Forgery or Counterfeiting Act 1981(16) has been committed, he or she must report the matter to the Registrar General and must deliver to the Registrar General such documents in his or her possession relating to the offence or breach as the Registrar General may require.

(2) Except with the authority of the Registrar General, a superintendent registrar must not commence any proceedings in respect of an offence under section 76(1) or (2) of the Act(17).

Revocations

24.  The Regulations listed in column 1 of the table in Schedule 4 are revoked to the extent specified in column 3 of the table.

Given under my hand on

Paul Pugh

Registrar General

5th February 2015

I approve

James Brokenshire

Minister of State

Home Office

4th February 2015