Immigration Act 2014 (c. 22)

PART 4 U.K. Marriage and civil partnership

CHAPTER 3 U.K. Other provisions

Miscellaneous U.K.

62 Interpretation of this Part U.K.

(1) These expressions have the meanings given—

• “exempt person” has the meaning given in section 49;

• “registrar” means a registrar of births, deaths and marriages;

• “Registrar General” [F1 means—

  (a)

  in relation to regulations that apply to proposed marriages or civil partnerships under the law of England and Wales, the Registrar General for England and Wales;

  (b)

  in relation to regulations that apply to proposed marriages or civil partnerships under the law of Northern Ireland, the Registrar General for Northern Ireland;

  (c)

  [F2 in relation to regulations that apply to proposed marriages or civil partnerships under the law of Scotland, the Registrar General for Scotland.]]

• “registration authority” has the same meaning as in the Civil Partnership Act 2004 (see section 28 of that Act);

• “relevant national” means—

  (a)

  a British citizen,

  (b)

  a national of an EEA State other than the United Kingdom, or

  (c)

  a national of Switzerland;

• “relevant statutory period” means—

  (a)

  in relation to a proposed marriage [F3 under the law of England and Wales] , the period—

  (i)

  beginning the day after notice of the proposed marriage is entered in the marriage book in accordance with Part 3 of the Marriage Act 1949, or is entered in an approved electronic form by virtue of section 27(4A) of that Act, and

  (ii)

  ending at the end of the period of 28 days beginning with that day;

  (aa)

  [F4 in relation to a proposed marriage under the law of Northern Ireland, the period—

  (i)

  beginning the day on which the record of the proposed marriage is made in the marriage notice book in accordance with Article 4 of the Marriage (Northern Ireland) Order 2003; and

  (ii)

  ending at the end of the period of 28 days beginning with that day;]

  (ab)

  [F5 in relation to a proposed marriage under the law of Scotland, the period—

  (i)

  beginning the day after receipt by the district registrar of the marriage notice (as entered by the district registrar in the marriage notice book in accordance with section 4(1) of the Marriage (Scotland) Act 1977), and

  (ii)

  ending at the end of the period of 28 days beginning with that day;]

  (b)

  in relation to a proposed civil partnership [F6 under the law of England and Wales] , the period—

  (i)

  beginning the day after notice of the proposed civil partnership is recorded in the register in accordance with Chapter 1 of Part 2 of the Civil Partnership Act 2004, and

  (ii)

  ending at the end of the period of 28 days beginning with that day;

  (ba)

  [F7 in relation to a proposed civil partnership under the law of Northern Ireland, the period—

  (i)

  beginning the day on which the record of the proposed civil partnership is made in the civil partnership notice book in accordance with section 140(1) of the Civil Partnership Act 2004, and

  (ii)

  ending at the end of the period of 28 days beginning with that day;]

  (bb)

  [F8 in relation to a proposed civil partnership under the law of Scotland, the period—

  (i)

  beginning the day after the particulars of the proposed civil partnership are entered in the civil partnership book in accordance with section 89(1) of the Civil Partnership Act 2004, and

  (ii)

  ending at the end of the period of 28 days beginning with that day;]

• [F9 “section 48 notice” means—

  (a)

  in relation to a proposed marriage or civil partnership under the law of England and Wales, a notice given under section 48(7) or (8),

  (b)

  in relation to a proposed marriage or civil partnership under the law of Northern Ireland, a notice given under section 48(8A) or (8B),

  (c)

  [F10 in relation to a proposed marriage or civil partnership under the law of Scotland, a notice given under section 48(8C) or (8D);]]

• “superintendent registrar” means a superintendent registrar of births, deaths and marriages.

(2) A reference to a person being a party to a proposed marriage or civil partnership is a reference to a person who would be a party to the marriage or civil partnership if it took place as proposed.

(3) A reference to a proposed marriage or civil partnership being a sham is a reference to a marriage or civil partnership which would (if it took place as proposed) be a sham marriage or sham civil partnership (within the meaning of the Immigration and Asylum Act 1999 — see section 24 or 24A of that Act).

(4) For provision about the interpretation of the following expressions, see section 49—

(a) the appropriate immigration status;

(b) a relevant visa.

(5) This section, and the provision mentioned in subsection (4), apply for the purposes of this Part.

Textual Amendments

F1 Words in s. 62(1) substituted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 4 para. 4(a)

F2 Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), Sch. 4 para. 4(2)

F3 Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 4 para. 4(b)(i)

F4 Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 4 para. 4(b)(ii)

F5 Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), Sch. 4 para. 4(3)(a) (with art. 1(4))

F6 Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 4 para. 4(b)(iii)

F7 Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 4 para. 4(b)(iv)

F8 Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), Sch. 4 para. 4(3)(b) (with art. 1(5))

F9 Words in s. 62(1) substituted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Northern Ireland and Miscellaneous Provisions) Order 2015 (S.I. 2015/395), art. 1(2), Sch. 4 para. 4(c)

F10 Words in s. 62(1) inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), Sch. 4 para. 4(4)