The Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc.) Regulations 2015

Interviews by telephone, etc.

9.—(1) This regulation applies where a relevant party (whether in or outside the United Kingdom) is required to attend an interview by telephone, by video-telecommunications link or over the internet (but is not required to be present at Home Office premises).

(2) Subject to paragraphs (3) and (4), a relevant party must be given at least three working days written notice of the date and time of the interview and how it is to be conducted.

(3) A relevant party (or, as the case may be, both relevant parties) may agree to the interview taking place with less than three working days notice.

(4) The notice mentioned in paragraph (3) need not be in writing.

(5) At the start of the interview—

(a) the person conducting it must identify himself or herself (and anyone accompanying him or her) by reference to his or her name, position and place of work; and

(b) the relevant party (and, as the case may be, the other relevant party) must confirm his or her identity by reference to his or her name, date of birth and nationality and to the Home Office reference on the section 48 notice given to him or her.

(6) Where the relevant party (or the other relevant party) is unable to confirm his or her identity as required by paragraph (5)(b), the Secretary of State may decide—

(a) where the Secretary of State is otherwise satisfied that it is the relevant party (or, as the case may be, the other relevant party), to continue with the interview;

(b) to rearrange the interview in accordance with this regulation or with regulation 6 or 7 (or, as the case may be, 8); or

(c) that the relevant party (or, as the case may be, the other relevant party) has failed to comply with a specified requirement (see regulation 14).

(7) In paragraph (2)—

(a) the “time” of an interview means the 30 minute period within which an interview may start; and

(b) a reference to how an interview is to be conducted is a reference to whether it is to be—

(i) conducted by telephone, by video-telecommunications link or over the internet; and

(ii) two-way (that is to say, with just the relevant party) or three-way (with both the relevant party and the other relevant party), or both.