The Marriage and Civil Partnership (Minimum Age) Act 2022 (Consequential Amendments) Regulations 2023

Statutory Instruments

2023 No. 82

Marriage, England And Wales

Civil Partnership, England And Wales

The Marriage and Civil Partnership (Minimum Age) Act 2022 (Consequential Amendments) Regulations 2023

Made

26th January 2023

Laid before Parliament

30th January 2023

Coming into force in accordance with regulation 1(2)

The Secretary of State, in exercise of the powers conferred by section 5(2) and (3) of the Marriage and Civil Partnership (Minimum Age) Act 2022(1), makes the following Regulations:

Citation and commencement

1.—(1) These Regulations may be cited as the Marriage and Civil Partnership (Minimum Age) Act 2022 (Consequential Amendments) Regulations 2023.

(2) These Regulations come into force on the day on which section 1 of the Marriage and Civil Partnership (Minimum Age) Act 2022 comes into force.

Extent

2.—(1) These Regulations extend to England and Wales.

(2) An amendment made by these Regulations has the same extent as the provision amended.

Amendments to the Civil Partnership (Registration Abroad and Certificates) Order 2005

3.  In article 7(1) (parental etc consent where the proposed civil partner is under 18) of the Civil Partnership (Registration Abroad and Certificates) Order 2005(2)—

(a) after “civil partnership registration is” omit “either England and Wales or”;

(b) after “Northern Ireland, then” omit from “, save” to “widower,”;

(c) for “sections 4 and 145 of, and Schedules 2 and 13” substitute “section 145 of and Schedule 13”;

(d) after “applied thereby to” omit “England and Wales and”; and

(e) after “Northern Ireland” omit “respectively”.

Amendments to the Civil Partnership (Armed Forces) Order 2005

4.  In article 7(1) (parental etc consent where the proposed civil partner is under 18) of the Civil Partnership (Armed Forces) Order 2005(3)—

(a) after “civil partnership registration is” omit “either England and Wales or”;

(b) after “Northern Ireland, then” omit from “, save” to “widower,”;

(c) for “sections 4, 145 and Schedules 2 and 13 of” substitute “section 145 of and Schedule 13 to”; and

(d) after “applied to” omit “England and Wales and”.

Amendments to the Civil Partnership (Registration Provisions) Regulations 2005

5.—(1) The Civil Partnership (Registration Provisions) Regulations 2005(4) are amended as follows.

(2) In regulation 3 (forms of notice of proposed civil partnership), in paragraph (1), in sub-paragraphs (a)(ii) and (b)(ii) after “under 18,” insert “but will be aged 18 on the day that the civil partnership schedule is due to be issued,”.

(3) In Schedule 1 (prescribed forms)—

(a) in the table—

(i) in the description for the row beginning “2” after “under 18” insert “but will be aged 18 on the day that the civil partnership schedule is due to be issued”;

(ii) in the description for the row beginning “2(w)” after “under 18” insert “but will be aged 18 on the day that the civil partnership schedule is due to be issued”;

(iii) in the description for the row beginning “4” after “under 18” insert “but will be aged 18 on the day that the civil partnership schedule is due to be issued”; and

(iv) in the description for the row beginning “4(w)” after “under 18” insert “but will be aged 18 on the day that the civil partnership schedule is due to be issued”;

(b) for forms 2, 2(w), 4, 4(w), 5, 5(w), 9, 9(w), 10 and 10(w) (but not the headings preceding them) substitute forms 2, 2(w), 4, 4(w), 5, 5(w), 9, 9(w), 10 and 10(w) in Part 1 of the Schedule to these Regulations.

Amendments to the Overseas Marriage (Armed Forces) Order 2014

6.  In article 8 (consent to marriage) of the Overseas Marriage (Armed Forces) Order 2014(5), omit paragraphs (1) and (2).

Amendments to the Consular Marriages and Marriage under Foreign Law (No. 2) Order 2014

7.—(1) The Consular Marriages and Marriage under Foreign Law (No.2) Order 2014(6) is amended as follows.

(2) In article 5 (consent to marriage), omit paragraphs (1) and (2).

(3) In article 8 (oath before marriage), omit paragraph (c).

(4) In article 14 (application for a certificate of no impediment to the superintendent registrar), omit paragraph (3)(b)(ii).

(5) In article 16 (application for a consular certificate of no-impediment), in paragraph (2)(b)(ii) for “if N, not being a widower or widow or surviving civil partner, is under the age of eighteen years” substitute “if N is under the age of eighteen years and the relevant part of the United Kingdom is Northern Ireland”.

Amendments to the Registration of Marriages Regulations 2015

8.—(1) The Registration of Marriages Regulations 2015(7) are amended as follows—

(2) In regulation 4, (forms of notice of marriage) in paragraph (1), in sub-paragraphs (a)(ii) and (b)(ii), after “under 18” insert “but will be aged 18 on the day that the marriage schedule is due to be issued”;

(3) In Schedule 1 (prescribed forms) —

(a) in the table—

(i) in the description for the row beginning “2” after “under 18” insert “but will be aged 18 on the day that the marriage schedule is due to be issued”;

(ii) in the description for the row beginning “2(w)” after “under 18” insert “but will be aged 18 on the day that the marriage schedule is due to be issued”;

(iii) in the description for the row beginning “4” after “under 18” insert “but will be aged 18 on the day that the marriage schedule is due to be issued”; and

(iv) in the description for the row beginning “4(w)” after “under 18” insert “but will be aged 18 on the day that the marriage schedule is due to be issued”;

(b) for forms 2, 2(w), 4, 4(w), 5, 5(w), 11A, 11A(w), 11B, 11B(w), 12, 12(w), and 13 (but not the headings preceding them) substitute forms 2, 2(w), 4, 4(w), 5, 5(w), 11A, 11A(w), 11B, 11B(w), 12, 12(w), and 13 in Part 2 of the Schedule to these Regulations.

Bellamy

Parliamentary Under Secretary of State

Ministry of Justice

26th January 2023

Regulation 5(b) and 8(b)

SCHEDULE Prescribed forms

PART 1 Civil Partnership (Registration Provisions) Regulations 2005 ; New forms to replace existing forms

PART 2 Registration of Marriages Regulations 2015; New forms to replace existing forms

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to secondary legislation consequential on the Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28).

Regulations 3, 4 and 7 make consequential amendments to Orders governing the formation of civil partnership to remove provisions relating to under 18s being able to enter into civil partnership, where the relevant part of the United Kingdom is England and Wales. Regulation 6 makes consequential amendments to remove provision relating to marriages of under 18s where the relevant part of the United Kingdom is England and Wales.

Regulations 5 and 8 make consequential amendments to prescribed forms of notices, licences, schedules and certificates for marriage and civil partnership.

(1)

2022 c. 28.

(2)

S.I. 2005/2761, relevant amendments were made by S.I. 2012/3063.

(3)

S.I. 2005/3188, to which there are amendments not relevant to these Regulations.

(4)

S.I. 2005/3176; relevant amending instruments are S.I. 2015/177, 2021/410.

(5)

S.I. 2014/1108, amended by S.I. 2019/1514.

(6)

S.I. 2014/3265, amended by S.I. 2019/1514, 2021/411.

(7)

S.I. 2015/207, amended by S.1. 2021/41, 2021/412.