The Registration of Marriages (Amendment) Regulations 2021

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Registration of Marriages (Amendment) Regulations 2021.

(2) Except as provided by paragraph (3), these Regulations come into force on 4th May 2021.

(3) The following provisions of these Regulations come into force on 19th April 2021—

(a) this regulation and regulation 2;

(b) regulation 3(a)(ii), so far as it inserts a definition of “step-parent” in regulation 2(1) of the Registration of Marriages Regulations 2015(1);

(c) regulation 3(b);

(d) regulation 4;

(e) regulation 5, so far as it inserts regulations 9A, 9B and 9C in the Registration of Marriages Regulations 2015;

(f) regulations 7 and 8;

(g) regulation 11(1), (2)(a), (c) and (d), (8), (11) and (13);

(h) regulation 12;

(i) Part 2 of the Schedule.

(4) Except as provided by paragraph (5), these Regulations extend to England and Wales only.

(5) The following provisions of these Regulations extend to England and Wales and Scotland—

(a) this regulation;

(b) regulation 2;

(c) regulation 5, so far as it inserts regulation 9D in the Registration of Marriages Regulations 2015;

(d) regulation 11(2)(b) and (9);

(e) Part 1 of the Schedule, so far as it sets out forms 12 and 12(w) and the headings preceding those forms.

Amendments to the Registration of Marriages Regulations 2015

2.  The Registration of Marriages Regulations 2015 are amended as follows.

3.  In regulation 2—

(a) in paragraph (1)—

(i) after the definition of “1970 Act” insert—

““authorised person” means a person whose name and address have been certified under section 43 or 43B of the Act (appointment of authorised persons for buildings and chapels registered for solemnization of marriage)(2);”;

(ii) at the end insert—

““registered building” means—

(a)

a building registered under section 41 or 43A of the Act (registration of buildings for solemnization of marriage)(3), or

(b)

a chapel registered under section 70 or 70A of the Act (registration of naval, military and air force chapels for solemnization of marriage)(4),

and references to the registration of a building are to be construed accordingly;

“step-parent”, in relation to a party to a marriage, means a step-parent who is or was married to, or the civil partner of, a parent of the party.”;

(b) in paragraph (2) after “column”, in both places it occurs, insert “or space”.

4.  In regulation 3—

(a) in paragraph (1) after sub-paragraph (a) insert—

“(aa) in the case of form 11A(w) or 11B(w)—

(i) the parties to the marriage so elect,

(ii) the forms in which notice of the marriage was given by the parties were both completed in Welsh as well as English, and

(iii) the person issuing the marriage schedule can understand and write Welsh;”

(b) after paragraph (1) insert—

“(1A) Form 13A(w) in Schedule 1 must be completed in English and must also be completed in Welsh if—

(a) the parties to the marriage so elect and provide the required particulars in both languages, and

(b) the person issuing the marriage document can understand and write Welsh.

(1B) The references in paragraphs (1) and (1A) to the completion of form 11A(w), 11B(w) or 13A(w) are references to—

(a) in the case of form 11A(w) or 11B(w), the entering of particulars in that form for the purposes of issuing a marriage schedule under section 31(2) of the Act;

(b) in the case of form 13A(w), the entering of particulars in that form for the purposes of issuing a marriage document under section 21A(2) of the Act.”

5.  After regulation 9 insert—

“Form of marriage schedule

9A.— (1) The form of a marriage schedule to be issued under section 31(2) of the Act, other than a marriage schedule for a marriage intended to be solemnized in the presence of a superintendent registrar and a registrar, is—

(a) form 11A if the schedule is issued in England;

(b) form 11A(w) if the schedule is issued in Wales.

(2) The form of a marriage schedule to be issued under section 31(2) of the Act for a marriage intended to be solemnized in the presence of a superintendent registrar and a registrar is—

(a) form 11B if the schedule is issued in England;

(b) form 11B(w) if the schedule is issued in Wales.

Prescribed content of marriage schedule: particulars about the condition of the parties

9B.— (1) A superintendent registrar required to issue a marriage schedule under section 31(2) of the Act must enter the particulars required in space 4 (condition of the parties) on form 11A, 11A(w), 11B or 11B(w) (as the case may be) in accordance with this regulation.

(2) The superintendent registrar must enter, in relation to each party to the proposed marriage separately (in the column relating to that party), the word or words required by whichever entry in column (3) of the table in this regulation corresponds to the entry in column (2) of that table describing the condition of that party or the circumstances.

(3) But the requirement of paragraph (2) to enter particulars in relation to each party separately is subject to paragraph (4), which applies where—

(a) the circumstances are those in column (2) of row 4, 9, 10, 13 or 14 of the table; or

(b) the circumstances are those in column (2) of row 11, 12, 15 or 16 of the table and the corresponding entry in column (3) requires words to be entered in the form of a single entry in relation to both parties.

(4) Where this paragraph applies, the superintendent registrar must enter the words required by the relevant entry in column (3) of the table in the form of a single entry relating to both parties across both columns of space 4 (instead of entering those words in relation to each party separately).

(5) The superintendent registrar must not enter anything in space 4 other than the word or words required by this regulation.

(1) Row number	(2) Condition of party or circumstances	(3) Word(s) to enter in space 4
1.	Party has not previously been married or formed a civil partnership.	“Single”.
2.	Party’s previous marriage was terminated by death.	“Widow” or “Widower” (as the case may be).
3.	Party’s previous civil partnership was terminated by death.	“Surviving civil partner”.
4.	The circumstances are that— (a) the parties have previously been through a form of marriage with each other (other than a marriage known to have been null and void), (b) neither party has since married, or formed a civil partnership with, a third party, and (c) the purpose of performing the proposed marriage ceremony is the avoidance of doubt as to the validity of the previous ceremony.	“Previously went through a form of marriage at … on …” (including in the appropriate places particulars of the place and date of the previous ceremony).
5.	Party’s previous marriage was terminated by divorce (except where the circumstances are those in column (2) of row 9 or 11).	“Previous marriage dissolved”.
6.	Party’s previous marriage was annulled on the ground that the marriage was voidable (except where the circumstances are those in column (2) of row 10 or 12).	“Previous marriage annulled”.
7.	Party’s previous civil partnership was terminated by dissolution (except where the circumstances are those in column (2) of row 13 or 15).	“Previous civil partnership dissolved”.
8.	Party’s previous civil partnership was annulled on the grounds that the civil partnership was voidable (except where the circumstances are those in column (2) of row 14 or 16).	“Previous civil partnership annulled”.
9.	The circumstances are that— (a) the parties have previously been through a form of marriage with each other (other than a marriage known to have been null and void), (b) the marriage was terminated by divorce, (c) neither party has since married, or formed a civil partnership with, a third party, and (d) neither party has been issued with a full gender recognition certificate under the Gender Recognition Act 2004 since the solemnization of the parties’ previous marriage.	“Previously married at … on … Marriage dissolved on …” (including in the appropriate places particulars of the place and date of the previous marriage and the date of its dissolution).
10.	The circumstances are that— (a) the parties have previously been through a form of marriage with each other (other than a marriage known to have been null and void), (b) the marriage was annulled, (c) neither party has since married, or formed a civil partnership with, a third party, and (d) neither party has been issued with a full gender recognition certificate under the Gender Recognition Act 2004 since the solemnization of the parties’ previous marriage.	“Previously married at … on … Marriage annulled on …” (including in the appropriate places particulars of the place and date of the previous marriage and the date of its annulment).
11.	The circumstances are that— (a) the parties have previously been through a form of marriage with each other (other than a marriage known to have been null and void), (b) the marriage was terminated by divorce, (c) neither party has since married, or formed a civil partnership with, a third party, and (d) a full gender recognition certificate has been issued under the Gender Recognition Act 2004 to either or each of the parties since the solemnization of the parties’ previous marriage.	If (and only if) both parties so request, the following words must be entered in the form of a single entry in relation to both parties— “Previously married at … on … Marriage dissolved on …” (including in the appropriate places particulars of the place and date of the previous marriage and the date of its dissolution). If no request is made by the parties for a single entry in those terms, the words to be entered are— “Previous marriage dissolved”. But if a party requests the word “Single” to be entered in relation to that party instead of the words “Previous marriage dissolved”, the word to be entered in relation to that party is— “Single”.
12.	The circumstances are that— (a) the parties have previously been through a form of marriage with each other (other than a marriage known to have been null and void), (b) the marriage was annulled, (c) neither party has since married, or formed a civil partnership with, a third party, and (d) a full gender recognition certificate has been issued under the Gender Recognition Act 2004 to either or each of the parties since the solemnization of the parties’ previous marriage.	If (and only if) both parties so request, the following words must be entered, in the form of a single entry in relation to both parties— “Previously married at … on … Marriage annulled on …” (including in the appropriate places particulars of the place and date of the previous marriage and the date of its annulment). If no request is made by the parties for a single entry in those terms, the words to be entered are— “Previous marriage annulled”. But if a party requests the word “Single” to be entered in relation to that party instead of the words “Previous marriage annulled”, the word to be entered in relation to that party is— “Single”.
13.	The circumstances are that— (a) the parties have previously been through a form of civil partnership with each other (other than a civil partnership known to be void), (b) the civil partnership was terminated by final order of dissolution, (c) neither party has since formed a civil partnership with, or married, a third party, and (d) neither party has been issued with a full gender recognition certificate under the Gender Recognition Act 2004 since the formation of the parties’ previous civil partnership.	“Previously formed a civil partnership at … on … Civil partnership dissolved on …” (including in the appropriate places particulars of the place and date of the previous civil partnership and the date of its dissolution).
14.	The circumstances are that— (a) the parties have previously been through a form of civil partnership with each other (other than a civil partnership known to be void), (b) the civil partnership was annulled, (c) neither party has since formed a civil partnership with, or married, a third party, and (d) neither party has been issued with a full gender recognition certificate under the Gender Recognition Act 2004 since the formation of the parties’ previous civil partnership.	“Previously formed a civil partnership at … on … Civil partnership annulled on …” (including in the appropriate places particulars of the place and date of the previous civil partnership and the date of its annulment).
15.	The circumstances are that— (a) the parties have previously been through a form of civil partnership with each other (other than a civil partnership known to be void), (b) the civil partnership was terminated by final order of dissolution, (c) neither party has since formed a civil partnership with, or married, a third party, and (d) a full gender recognition certificate has been issued under the Gender Recognition Act 2004 to either or each of the parties since the formation of the parties’ previous civil partnership.	If (and only if) both parties so request, the following words must be entered, in the form of a single entry in relation to both parties— “Previously formed a civil partnership at … on … Civil partnership dissolved on …” (including in the appropriate places particulars of the place and date of the previous civil partnership and the date of its dissolution). If no request is made by the parties for a single entry in those terms, the words to be entered are— “Previous civil partnership dissolved”. But if a party requests the word “Single” to be entered in relation to that party instead of the words “Previous civil partnership dissolved”, the word to be entered in relation to that party is— “Single”.
16.	The circumstances are that— (a) the parties have previously been through a form of civil partnership with each other (other than a civil partnership known to be void), (b) the civil partnership was annulled, (c) neither party has since formed a civil partnership with, or married, a third party, and (d) a full gender recognition certificate has been issued under the Gender Recognition Act 2004 to either or each of the parties since the formation of the parties’ previous civil partnership.	If (and only if) both parties so request, the following words must be entered, in the form of a single entry in relation to both parties— “Previously formed a civil partnership at … on … Civil partnership annulled on …” (including in the appropriate places particulars of the place and date of the previous civil partnership and the date of its annulment). If no request is made by the parties for a single entry in those terms, the words to be entered are— “Previous civil partnership annulled”. But if a party requests the word “Single” to be entered in relation to that party instead of the words “Previous civil partnership annulled”, the word to be entered in relation to that party is— “Single”.

Prescribed content of marriage schedule: particulars about the parties’ parents

9C.— (1) A superintendent registrar required to issue a marriage schedule under section 31(2) of the Act must enter the particulars required in space 7 (particulars of parents) on form 11A, 11A(w), 11B or 11B(w) (as the case may be) in accordance with this regulation in relation to each party to the proposed marriage.

(2) Where a party provides the superintendent registrar with the required particulars of a parent of that party for inclusion in the marriage schedule, the superintendent registrar must—

(a) enter those particulars in the column relating to that party,

(b) if informed by the party that the parent has died, enter the word “deceased” after the parent’s surname, and

(c) if provided with the parent’s former occupation and informed by the party that the parent has or had retired from that occupation, enter the word “retired” after that occupation.

(3) Subject to paragraph (4), where a party provides the superintendent registrar with the required particulars of a step-parent of that party for inclusion in the marriage schedule, the superintendent registrar must—

(a) enter those particulars in the column relating to that party,

(b) enter the word “step-parent” after the step-parent’s surname,

(c) if informed by the party that the step-parent has died, enter the word “deceased” after the word “step-parent”, and

(d) if provided with the step-parent’s former occupation and informed by the party that the step-parent has or had retired from that occupation, enter the word “retired” after that occupation.

(4) The superintendent registrar must not enter any particulars of any step-parent of a party under paragraph (3) if entering all the required particulars of step-parents provided by the party for inclusion in the marriage schedule would result in particulars of more than four individuals in total being entered in space 7 in relation to that party (including particulars of any parent of the party).

(5) The superintendent registrar must not enter any particulars of a party’s parents or step-parents other than the particulars (if any) which this regulation requires the superintendent registrar to enter.

(6) Where the superintendent registrar is not required by this regulation to enter any particulars at all in space 7 in relation to a party, the superintendent registrar must draw a line in ink, or cause a line to be printed, through that space in the column relating to that party.

(7) In this regulation, “the required particulars” of a parent or step-parent are the parent’s or step-parent’s—

(a) name and surname, and

(b) current occupation or, if the parent or step-parent has no current occupation or has died, former occupation (if any).

Form of certificate issued in England or Wales for marriage in Scotland

9D.— (1) The form of a certificate for marriage to be issued under section 31(2) of the Act as applied by section 1(3) of the Marriage (Scotland) Act 1956 (issue of approved certificate in England or Wales for marriage to be solemnized in Scotland)(5) is form 12 if the certificate is issued in England, or form 12(w) if the certificate is issued in Wales.

(2) Regulation 2 applies for the purposes of the interpretation of paragraph (1) of this regulation as it extends to Scotland as well as to England and Wales; and the requirements of regulation 3 in relation to the completion of form 12(w) apply in relation to the completion of form 12(w) prescribed by paragraph (1) of this regulation as it extends to Scotland as well as to England and Wales.”

6.  In regulation 10—

(a) for the heading substitute “Form of Registrar General’s licence for marriage”;

(b) omit paragraph (1).

7.  After regulation 10 insert—

“Form of marriage document issued after publication of banns or grant of special or common licence

10A.   The form of a marriage document to be issued under section 21A(2) of the Act is form 13A if the document is issued in England, or form 13A(w) if the document is issued in Wales.

Prescribed content of marriage document: particulars about the condition of the parties

10B.— (1) A person (“the issuer”) required to issue a marriage document under section 21A(2) of the Act must enter the particulars required in space 4 (condition of the parties) on form 13A or 13A(w) (as the case may be) in accordance with this regulation.

(2) The issuer must enter, in relation to each party to the proposed marriage separately (in the column relating to that party) the word or words required by whichever entry in column (3) of the table in regulation 9B corresponds to the entry in column (2) of that table describing the condition of that party or the circumstances.

(3) But the requirement of paragraph (2) to enter particulars in relation to each party separately is subject to paragraph (4), which applies where—

(a) the circumstances are those in column (2) of row 4, 9, 10, 13 or 14 of the table; or

(b) the circumstances are those in column (2) of row 11, 12, 15 or 16 of the table and the corresponding entry in column (3) requires words to be entered in the form of a single entry in relation to both parties.

(4) Where this paragraph applies, the issuer must enter the words required by the relevant entry in column (3) of the table in the form of a single entry relating to both parties across both columns of space 4 (instead of entering those words in relation to each party separately).

(5) The issuer must not enter anything in space 4 other than the word or words required by this regulation.

Prescribed content of marriage document: particulars about the parties’ parents

10C.— (1) A person (“the issuer”) required to issue a marriage document under section 21A(2) of the Act must enter the particulars required in space 7 (particulars of parents) on form 13A or form 13A(w) (as the case may be) in accordance with this regulation in relation to each party to the proposed marriage.

(2) Where a party provides the issuer with the required particulars of a parent of that party for inclusion in the marriage document, the issuer must—

(a) enter those particulars in the column relating to that party,

(b) if informed by the party that the parent has died, enter the word “deceased” after the parent’s surname, and

(c) if provided with the parent’s former occupation and informed by the party that the parent has or had retired from that occupation, enter the word “retired” after that occupation.

(3) Subject to paragraph (4), where a party provides the issuer with the required particulars of a step-parent of that party for inclusion in the marriage document, the issuer must—

(a) enter those particulars in the column relating to that party,

(b) enter the word “step-parent” after the step-parent’s surname,

(c) if informed by the party that the step-parent has died, enter the word “deceased” after the word “step-parent”, and

(d) if provided with the step-parent’s former occupation and informed by the party that the step-parent has or had retired from that occupation, enter the word “retired” after that occupation.

(4) The issuer must not enter any particulars of any step-parent of a party under paragraph (3) if entering all the required particulars of step-parents provided by the party for inclusion in the marriage document would result in particulars of more than four individuals in total being entered in space 7 in relation to that party (including particulars of any parent of the party).

(5) The issuer must not enter any particulars of a party’s parents or step-parents other than the particulars (if any) which this regulation requires the issuer to enter.

(6) Where the issuer is not required by this regulation to enter any particulars at all in space 7 in relation to a party, the issuer must draw a line in ink, or cause a line to be printed, through that space in the column relating to that party.

(7) In this regulation, “the required particulars” of a parent or step-parent are the parent’s or step-parent’s—

(a) name and surname, and

(b) current occupation or, if the parent or step-parent has no current occupation or has died, former occupation (if any).”

8.  In regulation 11—

(a) the existing text becomes paragraph (1);

(b) in that paragraph after “under section 31(5) of the Act” insert “by a superintendent registrar when issuing a certificate for marriage”;

(c) after that paragraph insert—

“(2) The form of instructions to be given under section 31(5) of the Act by a superintendent registrar when issuing a marriage schedule is form 14A if the marriage schedule is issued in England, or form 14A(w) if the schedule is issued in Wales.”

9.  In regulation 11 as amended by regulation 8 of these Regulations(6), omit paragraph (1).

10.  After regulation 11 insert—

“PART 2A Delivery of marriage schedule or marriage document

Content of notices requiring delivery of signed marriage document or marriage schedule

11A.— (1) A notice issued to a person under section 53D(6) of the Act (notice requiring delivery of signed marriage document or marriage schedule)(7) must, in addition to imposing the requirement referred to in that section—

(a) state that the notice is issued under section 53D(6) of the Act,

(b) state the date on which the notice is issued,

(c) explain what the person was required to do under section 53D(2) or (3)(b) (as the case may be) of the Act, and

(d) say why the notice is being issued.

(2) A notice issued to a person under section 53D(8) of the Act (notice requiring personal delivery of signed marriage document or marriage schedule) must, in addition to imposing the requirement referred to in that section—

(a) state that the notice is issued under section 53D(8) of the Act,

(b) state the date on which the notice is issued and the date on which the notice previously issued to the person under section 53D(6) of the Act was issued,

(c) say why the notice is being issued,

(d) give the address of the premises at which the notice requires the person to attend,

(e) state the period of time within which the person is required by section 53D(9) of the Act to comply with the notice, and

(f) explain that the person may commit an offence under section 76A of the Act(8) if the person fails to comply with the notice.

(3) A notice issued to a person under section 53E(8) of the Act (notice requiring delivery of a reproduction of a marriage document or marriage schedule)(9) must, in addition to imposing the requirement referred to in that section—

(a) state that the notice is issued under section 53E(8) of the Act,

(b) state the date on which the notice is issued,

(c) explain what the person was required to do under section 53E(3)(a) or (5)(a) (as the case may be) of the Act, and

(d) say why the notice is being issued.

(4) A notice issued to a person under section 53E(10) of the Act (notice requiring personal delivery of a reproduction of a marriage document or marriage schedule) must, in addition to imposing the requirement referred to in that section—

(a) state that the notice is issued under section 53E(10) of the Act,

(b) state the date on which the notice is issued and the date on which the notice previously issued to the person under section 53E(8) of the Act was issued,

(c) say why the notice is being issued,

(d) give the address of the premises at which the notice requires the person to attend,

(e) state the period of time within which the person is required by section 53E(11) of the Act to comply with the notice, and

(f) explain that the person may commit an offence under section 76A of the Act if the person fails to comply with the notice.

PART 2B Custody of marriage schedules, marriage documents and register books

Retention of signed marriage documents and schedules by superintendent registrars

11B.— (1) As soon as practicable after a registrar has registered a marriage under section 53D(10)(a) of the Act, the registrar must send the marriage document or marriage schedule to the superintendent registrar in whose district the marriage was solemnized.

(2) A superintendent registrar who receives a marriage document or marriage schedule under paragraph (1) must keep it, together with the records of the superintendent registrar’s office, for at least 5 years beginning with the day on which the superintendent registrar receives it.

Closure of marriage register books kept for registration of marriages solemnized in a registered building without the presence of a registrar

11C.— (1) This regulation applies to a marriage register book—

(a) which, immediately before 4th May 2021, was kept for the purpose of registering marriages solemnized in a registered building without the presence of a registrar (and which had therefore not been filled immediately before that date), and

(b) in which the particulars of at least one marriage have been registered.

(2) Until the obligation under paragraph (3)(b) has been complied with in relation to the marriage register book or the duplicate copy of that book, the authorised person for the registered building must keep the marriage register book—

(a) in the registered building or in any other place where it was lawfully kept immediately before 4th May 2021, and

(b) locked in a strong fire-resisting receptacle, except when access to it is required to register the particulars of a marriage or for the purposes of paragraph (3), or for any other lawful purpose.

(3) Subject to paragraph (4), the authorised person for the registered building must ensure that—

(a) the marriage register book is closed as soon as practicable by striking through, in ink, all unused entries in it, and

(b) the marriage register book or its duplicate copy (but not both) is sent to the appropriate superintendent registrar as soon as practicable after both copies have been closed under sub-paragraph (a).

(4) Paragraph (3) does not apply in relation to a marriage register book until all the particulars of every pre-commencement marriage required to be registered in that marriage register book have been registered in that book and in the other copy of that book kept for that purpose.

(5) References in this regulation to the authorised person for a registered building are references to the authorised persons for the building where there is more than one authorised person for the building.

(6) In this regulation—

“the appropriate superintendent registrar” means the superintendent registrar of the registration district where the registered building is situated;

“pre-commencement marriage” means a marriage solemnized in the registered building before 4th May 2021 without the presence of a registrar.

Closure of marriage register books kept by a registrar

11D.— (1) This regulation applies to a marriage register book—

(a) which was in the custody of a registrar under section 59 of the Act immediately before 4th May 2021 (and which had therefore not been filled immediately before that date), and

(b) in which the particulars of at least one marriage have been registered.

(2) Until the obligation under paragraph (5) has been complied with in relation to the marriage register book, the registrar must continue to keep it in the manner in which it was required to be kept under section 59 of the Act immediately before 4th May 2021.

(3) Subject to paragraph (4), the registrar must close the marriage register book as soon as practicable by striking through, in ink, all unused entries in it.

(4) Paragraph (3) does not apply in relation to a marriage register book until all the particulars of every pre-commencement marriage required to be registered in that marriage register book have been registered in it.

(5) As soon as practicable after the registrar has closed the marriage register book under paragraph (3) and made all copies of entries in the book required for the purposes of complying with section 57 of the Act, the registrar must send the book to the appropriate superintendent registrar.

(6) In this regulation—

“the appropriate superintendent registrar” means the superintendent registrar of the registration district where the premises in which the marriage register book was kept immediately before 4th May 2021 are situated;

“pre-commencement marriage” means a marriage solemnized in the presence of the registrar before 4th May 2021.

Continued custody of marriage register books used for marriages solemnized in a registered building without the presence of a registrar

11E.— (1) This regulation applies to a marriage register book which has been used for the registration of marriages solemnized in a registered building without the presence of a registrar and which—

(a) has been closed under regulation 11C and its duplicate copy delivered to a superintendent registrar, or

(b) was, immediately before 4th May 2021, required by section 60(1)(c) of the Act to be kept in prescribed custody (within the meaning of that section).

(2) Subject to regulation 11F, the authorised person for the registered building must keep the marriage register book—

(a) in the registered building, and

(b) locked in a strong fire-resisting receptacle, except when access to it is required for a lawful purpose.

(3) Where there is more than one authorised person for the registered building, the reference to the authorised person in paragraph (2) is a reference to the authorised persons for the building.

Transfer of marriage register books when registration of a building is cancelled

11F.— (1) Subject to paragraph (2), where an application is made under section 42, 43C or 70 of the Act to cancel the registration of a registered building, each authorised person for the registered building must ensure that every marriage register book kept in that building is sent immediately to the Registrar General.

(2) Where an application referred to in paragraph (1) is made without the knowledge of an authorised person for the building, the obligation under paragraph (1) does not apply in relation to that authorised person until that authorised person becomes aware that the application has been made.

Keeping of marriage register books by superintendent registrars

11G.— (1) Where a filled marriage register book is in the keeping of a superintendent registrar immediately before 4th May 2021, the superintendent registrar must continue to keep it with the records of the superintendent registrar’s office.

(2) A superintendent registrar to whom a marriage register book is sent under regulation 11C or 11D must keep it with the records of the superintendent registrar’s office.

PART 2C Correction of marriage schedules, marriage documents, marriage register books and the marriage register

Correction of marriage schedule: marriage to be solemnized in presence of registrar or authorised person

11H.— (1) This regulation applies where—

(a) a marriage is to be solemnized on the authority of a marriage schedule in the presence of a registrar or in a registered building in the presence of an authorised person, and

(b) it appears to the registrar or the authorised person, before the marriage is solemnized, that the marriage schedule requires correction.

(2) For the purposes of this regulation, a marriage schedule requires correction so far as—

(a) any particulars (other than signatures) are missing from any of spaces 1 to 6, 8, 10 and 11 on the marriage schedule form,

(b) any particulars in spaces 1 to 7 on the form have been incorrectly entered or are otherwise inaccurate,

(c) particulars are included, in relation to a party, in space 7 (particulars of parents or step-parents) on the form about any person whose particulars the party does not wish the schedule to include, or

(d) there are no particulars in that space, in relation to a party, about a parent or step-parent of that party whose particulars the party wishes the schedule to include, and the party has provided the required particulars of that parent or step-parent to the registrar or authorised person in whose presence the marriage is to be solemnized.

(3) Subject to the following provisions of this regulation, the registrar or authorised person must make the amendments necessary to correct the marriage schedule, so far as it appears to require correction, before the marriage is solemnized.

(4) Where a marriage schedule appears to require correction for the reason in paragraph (2)(b), an amendment made under paragraph (3) to correct the incorrectly entered or inaccurate particulars must be made in such a way that those particulars remain legible.

(5) Where the marriage schedule appears to require correction for the reason in paragraph (2)(d), the registrar or authorised person—

(a) must enter the particulars of the parent or step-parent provided by the party in space 7 on the form in accordance with regulation 9C(2) or (3) (as the case may be) as though the registrar or authorised person were a superintendent registrar entering particulars under that regulation, but

(b) must not enter any particulars of any parent or step-parent in relation to the party if the result would be that, when the marriage is solemnized, space 7 in the column relating to that party on the form contains particulars of more than four individuals in total.

(6) Where a registrar or authorised person corrects or adds particulars in space 4 (condition of the parties) on a marriage schedule form under this regulation, regulation 9B applies to determine what is to be entered in that space by the registrar or authorised person as it does to prescribe the content of that space in a marriage schedule issued by a superintendent registrar.

(7) Where the marriage schedule was issued in Wales and appears to require correction for the reason in paragraph (2)(a) or (b), any amendment to make the necessary correction—

(a) must be made in English where it is made to add missing particulars which were required to be entered in English or to correct incorrectly entered or inaccurate particulars which were entered or required to be entered in English, and

(b) must be made in Welsh where it is made to add missing particulars which were required to be entered in Welsh or to correct incorrectly entered or inaccurate particulars which were entered or required to be entered in Welsh.

(8) Where the marriage schedule was issued in Wales, contains particulars entered in Welsh and appears to require correction for the reason in paragraph (2)(d), any necessary amendment must be made by adding particulars in English and Welsh.

(9) An amendment made under paragraph (3) must be made—

(a) in the presence of the parties to the marriage, and

(b) in ink of durable quality.

(10) A registrar or authorised person making an amendment under paragraph (3) to particulars in any of spaces 1 to 7, 8, 10 and 11 of a marriage schedule form must initial the amendment, and ensure that it is initialled by the parties to the marriage, before the marriage is solemnized.

(11) For the purposes of paragraph (2)(b), particulars in space 7 on a marriage schedule form—

(a) are not inaccurate by reason only of the fact that any particular person either is or is not included as a parent or step-parent of the party, but

(b) are inaccurate so far as they fail to include—

(i) the word “deceased” in relation to a parent or step-parent who has died, or

(ii) the word “retired” in relation to a parent or step-parent who has retired from a former occupation stated in the particulars relating to that parent or step-parent.

(12) For the purposes of paragraph (2)(b), particulars in space 4 on a marriage schedule form are not inaccurate so far as they describe a party as “Single” as a result of that word having been entered in relation to that party in that space at that party’s request in accordance with these Regulations.

(13) For the purposes of paragraph (2)(d), the “required particulars” of a parent or step-parent are the parent’s or step-parent’s—

(a) name and surname, and

(b) current occupation or, if the parent or step-parent has no current occupation or has died, former occupation (if any).

Correction of marriage schedule: other marriages to be solemnized on authority of marriage schedule

11I.— (1) This regulation applies where a marriage is to be solemnized on the authority of a marriage schedule according to—

(a) the rites of the Church of England,

(b) the usages of the Society of Friends, or

(c) the usages of the Jews.

(2) Where it appears to the specified person who is to sign the marriage schedule, before the marriage is solemnized, that the marriage schedule requires correction, the specified person may make amendments to the marriage schedule to correct it, so far as it appears to require correction.

(3) But a marriage schedule may only be corrected—

(a) in a manner permitted by this regulation, and

(b) before the marriage is solemnized.

(4) For the purposes of this regulation, a marriage schedule requires correction so far as—

(a) any particulars (other than signatures) are missing from any of spaces 1 to 6, 8, 10 and 11 on the marriage schedule form,

(b) any particulars in spaces 1 to 7 on the form have been incorrectly entered or are otherwise inaccurate,

(c) particulars are included, in relation to a party, in space 7 (particulars of parents or step-parents) on the form about any person whose particulars the party does not wish the schedule to include, or

(d) there are no particulars in that space, in relation to a party, about a parent or step-parent of that party whose particulars the party wishes the schedule to include, and the party has provided the required particulars of that parent or step-parent to the registrar or authorised person in whose presence the marriage is to be solemnized.

(5) So far as a marriage schedule appears to require correction for the reason in paragraph (4)(b), it may only be amended in such a way that the incorrectly entered or inaccurate particulars remain legible.

(6) So far as a marriage schedule appears to require correction for the reason in paragraph (4)(d), it may only be corrected—

(a) by entering the particulars of the parent or step-parent provided by the party in space 7 on the marriage schedule form as required by regulation 9C(2) or (3) (as the case may be) in relation to the entering of particulars of a parent or step-parent by a superintendent registrar required to issue a marriage schedule under section 31(2) of the Act, and

(b) if the result would be that, when the marriage is solemnized, space 7 in the column relating to that party on the form contains particulars of no more than four individuals in total.

(7) No amendment is permitted to the particulars in space 4 (condition of the parties) on the marriage schedule form except an amendment which results in particulars being entered in that space as required by regulation 9B in relation to the entering of particulars in that space by a superintendent registrar issuing a marriage schedule under section 31(2) of the Act.

(8) So far as a marriage schedule issued in Wales appears to require correction for the reason in paragraph (4)(a) or (b)—

(a) an amendment made to add missing particulars which were required to be entered in English, or to correct incorrectly entered or inaccurate particulars which were entered or required to be entered in English, may only be made in English, and

(b) an amendment made to add missing particulars which were required to be entered in Welsh, or to correct incorrectly entered or inaccurate particulars which were entered or required to be entered in Welsh, may only be made in Welsh.

(9) Where the marriage schedule was issued in Wales, contains particulars entered in Welsh and appears to require correction for the reason in paragraph (4)(d), any necessary amendment may only be made by adding particulars in English and Welsh.

(10) For the purposes of paragraph (4)(b), particulars in space 7 on a marriage schedule form—

(a) are not inaccurate by reason only of the fact that any particular person either is or is not included as a parent or step-parent of the party, but

(b) are inaccurate so far as they fail to include—

(i) the word “deceased” in relation to a parent or step-parent who has died, or

(ii) the word “retired” in relation to a parent or step-parent who has retired from a former occupation stated in the particulars relating to that parent or step-parent.

(11) For the purposes of paragraph (4)(b), particulars in space 4 on a marriage schedule form are not inaccurate so far as they describe a party as “Single” as a result of that word having been entered in relation to that party in that space at that party’s request in accordance with these Regulations.

(12) In paragraph (2) “the specified person” has the same meaning as in section 53C of the Act (signing of a marriage schedule).

(13) For the purposes of paragraph (4)(d), the “required particulars” of a parent or step-parent are the parent’s or step-parent’s—

(a) name and surname, and

(b) current occupation or, if the parent or step-parent has no current occupation or has died, former occupation (if any).

Correction of marriage document

11J.— (1) This regulation applies where a marriage is to be solemnized—

(a) after the publication of banns,

(b) on the authority of a special licence, or

(c) on the authority of a common licence.

(2) Where it appears to the clergyman by whom the marriage is to be solemnized, before the marriage is solemnized, that the marriage document for the marriage requires correction, the clergyman may make amendments to the marriage document to correct it, so far as it appears to require correction.

(3) But a marriage document may only be corrected—

(a) in a manner permitted by this regulation, and

(b) before the marriage is solemnized.

(4) For the purposes of this regulation, a marriage document requires correction so far as—

(a) any particulars (other than signatures) are missing from any of spaces 1 to 6, 8, 10 and 11 on the marriage document form,

(b) any particulars in spaces 1 to 7 on the form have been incorrectly entered or are otherwise inaccurate,

(c) particulars are included, in relation to a party, in space 7 (particulars of parents or step-parents) on the form about any person whose particulars the party does not wish the marriage document to include, or

(d) there are no particulars in that space, in relation to a party, about a parent or step-parent of that party whose particulars the party wishes the marriage document to include, and the party has provided the required particulars of that parent or step-parent to the clergyman by whom the marriage is to be solemnized.

(5) So far as a marriage document appears to require correction for the reason in paragraph (4)(b), it may only be amended in such a way that the incorrectly entered or inaccurate particulars remain legible.

(6) So far as a marriage document appears to require correction for the reason in paragraph (4)(d), it may only be corrected—

(a) by entering the particulars of the parent or step-parent provided by the party in space 7 on the marriage document form as required by regulation 10C(2) or (3) (as the case may be) in relation to the entering of particulars of a parent or step-parent by a person required to issue a marriage document under section 21A(2) of the Act, and

(b) if the result would be that, when the marriage is solemnized, space 7 in the column relating to that party on the form contains particulars of no more than four individuals in total.

(7) No amendment is permitted to the particulars in space 4 (condition of the parties) on the marriage document form except an amendment which results in particulars being entered in that space as required by regulation 10B in relation to the entering of particulars in that space by a person required to issue a marriage document under section 21A(2) of the Act.

(8) So far as a marriage document issued in Wales appears to require correction for the reason in paragraph (4)(a) or (b)—

(a) an amendment made to add missing particulars which were required to be entered in English, or to correct incorrectly entered or inaccurate particulars which were entered or required to be entered in English, may only be made in English, and

(b) an amendment made to add missing particulars which were required to be entered in Welsh, or to correct incorrectly entered or inaccurate particulars which were entered or required to be entered in Welsh, may only be made in Welsh.

(9) Where the marriage document was issued in Wales, contains particulars entered in Welsh and appears to require correction for the reason in paragraph (4)(d), any necessary amendment may only be made by adding particulars in English and Welsh.

(10) For the purposes of paragraph (4)(b), particulars in space 7 on a marriage document form—

(a) are not inaccurate by reason only of the fact that any particular person either is or is not included as a parent or step-parent of the party, but

(b) are inaccurate so far as they fail to include—

(i) the word “deceased” in relation to a parent or step-parent who has died, or

(ii) the word “retired” in relation to a parent or step-parent who has retired from a former occupation stated in the particulars relating to that parent or step-parent.

(11) For the purposes of paragraph (4)(b), particulars in space 4 on a marriage document form are not inaccurate so far as they describe a party as “Single” as a result of that word having been entered in relation to that party in that space at that party’s request in accordance with these Regulations.

(12) For the purposes of paragraph (4)(d), the “required particulars” of a parent or step-parent are the parent’s or step-parent’s—

(a) name and surname, and

(b) current occupation or, if the parent or step-parent has no current occupation or has died, former occupation (if any).

Correction of marriage register book kept by superintendent registrar

11K.— (1) A person may apply to have an entry in a marriage register book kept by a superintendent registrar corrected where—

(a) the entry relates to a marriage to which that person is or was party, and

(b) that person considers that there is an error in the form or substance of the entry, made when the marriage was registered under section 55 of the Act.

(2) An application under paragraph (1) must be made in writing to the superintendent registrar by whom the book is kept.

(3) Paragraphs (4) to (14) apply where—

(a) a person makes an application to a superintendent registrar under sub-paragraph (1), or

(b) it appears to a superintendent registrar (otherwise than as a result of such an application) that there is an error in the form or substance of an entry in a marriage register book kept by that superintendent registrar, made when the marriage was registered under paragraph 55 of the Act.

(4) Where a duplicate copy of the marriage register book is kept by any person, the superintendent registrar must request a copy of the corresponding entry in that duplicate copy from that person.

(5) An authorised person who receives a request under paragraph (4) must comply with it as soon as reasonably practicable.

(6) The superintendent registrar must make a report to the Registrar General about any application under paragraph (1) or any apparent error mentioned in paragraph (3)(b), after having considered any copy provided in response to a request under paragraph (4).

(7) The superintendent registrar’s report must contain such information as the Registrar General may require.

(8) If the Registrar General, having considered a report under paragraph (6), is satisfied that there is an error in the form or substance of the entry, made when the marriage was registered under section 55 of the Act, the Registrar General may give an instruction to the superintendent registrar about correcting the entry.

(9) An instruction under paragraph (8) requiring the correction, in a marriage register book kept in Wales, of an error or omission in particulars entered or required to be entered in English must require the correction to be made in English.

(10) An instruction under paragraph (8) requiring the correction, in a marriage register book kept in Wales, of an error or omission in particulars entered or required to be entered in Welsh must require the correction to be made in Welsh.

(11) An instruction under paragraph (8) may require the superintendent registrar to make a note in the margin of the marriage register book in which the entry appears.

(12) The superintendent registrar must comply with any instruction given by the Registrar General under paragraph (8).

(13) The superintendent registrar must comply with the instruction within 7 days beginning with the day on which the superintendent registrar receives it.

(14) Where a superintendent registrar corrects an entry under this regulation, the superintendent registrar must, as soon as practicable, send to the Registrar General—

(a) a copy of the corrected entry, and

(b) a copy of any marginal note referred to in paragraph (11).

Correction of the marriage register by the Registrar General

11L.— (1) For the purposes of this regulation, there is an error in an entry in the marriage register relating to a marriage so far as—

(a) any particulars required by section 53D(10)(a) of the Act to be entered in the register in respect of the marriage were omitted from the entry or entered incorrectly, or

(b) the entry contains any particulars which were inaccurate at the time when the marriage was solemnized, despite being correctly entered in the register under that section.

(2) Where a person considers that there is an error in an entry in the marriage register relating to a marriage to which that person is or was party, that person may apply to have the entry amended to correct the error.

(3) An application under paragraph (2) must be made in writing to a superintendent registrar.

(4) Paragraphs (5) to (11) apply where—

(a) a person makes an application to a superintendent registrar under paragraph (2), or

(b) it appears to a superintendent registrar (otherwise than as a result of such an application) that there is an error in an entry in the marriage register.

(5) The superintendent registrar must report the matter to the Registrar General.

(6) The superintendent registrar’s report must contain such information as the Registrar General may require.

(7) The Registrar General may request evidence in relation to the matter from the applicant (if any) or require evidence in relation to the matter from the superintendent registrar.

(8) If the Registrar General is satisfied, on the basis of the superintendent registrar’s report and any evidence provided under paragraph (7), that there is an error in an entry in the marriage register, the Registrar General may amend the entry to correct the error.

(9) Subject to paragraph (10), where the Registrar General amends an entry under this regulation to correct particulars which the Registrar General considers were entered incorrectly under section 53D(10)(a) of the Act or were inaccurate at the time when the marriage was solemnized despite being entered correctly, the Registrar General must make the amendment in such a way that the amended entry does not show those incorrectly entered or inaccurate particulars.

(10) The Registrar General is permitted to make only a marginal note in the register to correct an error under this regulation where the Registrar General considers that the error in the entry exists because of an error made by a party to the marriage in providing information—

(a) in connection with giving notice of the marriage under section 27 of the Act(10), or

(b) to the specified person required to sign the marriage schedule in respect of the marriage under section 53C(6) or (7) of the Act(11) or (as the case may be) the clergyman required to sign the marriage document in respect of the marriage under section 53B(4) of the Act(12).

(11) An amendment made under this regulation to an entry in the marriage register must be made—

(a) in English if it is made to correct particulars entered or required to be entered in English, or to add omitted particulars which were required to be entered in English;

(b) in Welsh if it is made to correct particulars entered or required to be entered in Welsh, or to add omitted particulars which were required to be entered in Welsh.

(12) For the purposes of this regulation, particulars in an entry in the marriage register relating to a party’s parents or step-parents—

(a) are not inaccurate by reason only of the fact that any particular person either is or is not included as a parent or step-parent of the party, but

(b) are inaccurate so far as they fail to include—

(i) the word “deceased” in relation to a parent or step-parent who had died, or

(ii) the word “retired” in relation to a parent or step-parent who had retired from a former occupation stated in the particulars relating to that parent or step-parent.

(13) For the purposes of this regulation, particulars in any entry in the marriage register relating to the condition of a party are not inaccurate so far as they describe a party as “Single” as a result of that word having been entered in relation to that party in space 4 on the marriage schedule form or marriage document form in respect of the marriage at that party’s request in accordance with these Regulations.”

11.—(1) Schedule 1 (prescribed forms) is amended as follows.

(2) In the table—

(a) after the row beginning “11(w)” insert—

“11A	9A(1)	Marriage schedule for any marriage other than a marriage to be solemnized in the presence of a superintendent registrar and a registrar	Section 31(2) Marriage Act 1949
11A(w)	9A(1)	Marriage schedule for any marriage other than a marriage to be solemnized in the presence of a superintendent registrar and a registrar (with Welsh translation)	Section 31(2) Marriage Act 1949
11B	9A(2)	Marriage schedule for a marriage to be solemnized in the presence of a superintendent registrar and a registrar	Section 31(2) Marriage Act 1949
11B(w)	9A(2)	Marriage schedule for a marriage to be solemnized in the presence of a superintendent registrar and a registrar (with Welsh translation)	Section 31(2) Marriage Act 1949”

(b) for the rows beginning “12” and “12(w)” substitute—

“12	9D(1)	Approved certificate for marriage intended to be solemnized in Scotland where one or both parties are residing in England or Wales	Section 31(2) Marriage Act 1949, as applied by section 1(3) of the Marriage (Scotland) Act 1956
12(w)	9D(1)	Approved certificate for marriage intended to be solemnized in Scotland where one or both parties are residing in England or Wales (with Welsh translation)	Section 31(2) Marriage Act 1949, as applied by section 1(3) of the Marriage (Scotland) Act 1956”

(c) after the row beginning “13” insert—

“13A	10A	Marriage document	Section 21A(2) Marriage Act 1949
13A(w)	10A	Marriage document (with Welsh translation)	Section 21A(2) Marriage Act 1949”

(d) for the rows beginning “14” and “14(w)” substitute—

“14	11(1)	Form of instructions to be given when issuing certificate for marriage	Section 31(5) Marriage Act 1949
14(w)	11(1)	Form of instructions to be given when issuing certificate of marriage (with Welsh translation)	Section 31(5) Marriage Act 1949
14A	11(2)	Form of instructions to be given when issuing marriage schedule	Section 31(5) Marriage Act 1949
14A(w)	11(2)	Form of instructions to be given when issuing marriage schedule (with Welsh translation)	Section 31(5) Marriage Act 1949”

(3) In the table as amended by paragraph (2)(d) of this regulation, omit the rows beginning “14” and “14(w)”(13).

(4) For form 1 and form 1(w) (but not the headings preceding them) substitute the forms set out under the headings “Form 1” and “Form 1(w)” respectively in Part 1 of the Schedule.

(5) For form 2 and form 2(w) (but not the headings preceding them) substitute the forms set out under the headings “Form 2” and “Form 2(w)” respectively in Part 1 of the Schedule.

(6) For form 3 and form 3(w) (but not the headings preceding them) substitute the forms set out under the headings “Form 3” and “Form 3(w)” respectively in Part 1 of the Schedule.

(7) For form 4 and form 4(w) (but not the headings preceding them) substitute the forms set out under the headings “Form 4” and “Form 4(w)” respectively in Part 1 of the Schedule.

(8) After form 11(w) insert forms 11A, 11A(w), 11B and 11B(w) set out in Part 2 of the Schedule, including the headings preceding those forms.

(9) For forms 12 and 12(w) and the headings preceding those forms substitute, respectively, forms 12 and 12(w) set out in Part 1 of the Schedule, including the headings preceding those forms.

(10) For form 13 (but not the heading preceding it) substitute the form set out under the heading “Form 13” in Part 1 of the Schedule.

(11) After form 13 insert forms 13A and 13A(w) set out in Part 2 of the Schedule, including the headings preceding those forms.

(12) Omit forms 14 and 14(w) and the headings preceding those forms.

(13) After form 14(w) insert forms 14A and 14A(w) set out in Part 2 of the Schedule, including the headings preceding those forms(14).

12.  In Schedule 2 (forms of words in English and Welsh), in the table—

(a) after the row beginning with “Deceased” insert—

“Retired	Wedi ymddeol
Step-parent	Llys-riant”

(b) after the row beginning with “Certificate” insert—

“Marriage schedule	Atodlen priodas
Marriage document	Dogfen priodas”

Given under my hand on 30th March 2021

Abi Tierney

Registrar General

I approve

Kevin Foster

Parliamentary Under Secretary of State

Home Office

30th March 2021