PART 4Marriage and civil partnership

CHAPTER 1Referral and investigation of proposed marriages and civil partnerships

Investigation

I1I250Conduct of investigation

1

An investigation must be conducted in accordance with any regulations made by the Secretary of State for this purpose.

2

In conducting an investigation, regard must also be had to any guidance published by the Secretary of State for this purpose.

3

A relevant party must comply with a requirement specified in regulations made under section 51(4) if—

a

the section 48 notice given to the relevant party states that he or she must do so, or

b

the Secretary of State subsequently notifies the relevant party (orally or in writing) that he or she must do so;

and the relevant party must comply with that requirement in the manner stated in the section 48 notice or in the Secretary of State's notification (if such a manner is stated there).

4

As part of an investigation, the Secretary of State must decide whether or not each of the relevant parties has complied with the investigation (the “compliance question”).

5

The compliance question must be decided in accordance with any regulations made by the Secretary of State for this purpose.

6

In deciding the compliance question, regard must also be had to any guidance published by the Secretary of State for this purpose.

7

Within the 70 day period, the Secretary of State must—

a

decide the compliance question; and

b

give notice of that decision to the persons to whom the Secretary of State gave the section 48 notice relating to the proposed marriage or civil partnership.

8

If the Secretary of State's decision is that one or both of the relevant parties have not complied with the investigation, the notice under subsection (7) must include a statement of the Secretary of State's reasons for reaching that decision.

9

Regulations made under this section may, in particular, make provision about—

a

the circumstances in which a relevant party is to be taken to have failed to comply with a relevant requirement;

b

the consequences of a relevant party's failure to comply with a relevant requirement.

10

The provision that may be made under subsection (9)(b) includes provision for the compliance question to be decided (in whole or in part) by reference to a relevant party's compliance or non-compliance with one or more relevant requirements.

11

In this section—

  • “70 day period” means the period of 70 days beginning with the day on which the relevant statutory period begins;

  • “investigation” means an investigation, conducted following a decision by the Secretary of State under section 48, whether a proposed marriage or civil partnership is a sham;

  • “relevant party” means a person who is a party to a proposed marriage or civil partnership that is the subject of an investigation;

  • “relevant requirement” F2in relation to a proposed marriage or civil partnership under the law of England and Wales, means any requirement imposed by law, including a requirement imposed by or in accordance with—

    1. a

      subsection (3);

    2. b

      section 27E, 28B or 28C of the Marriage Act 1949;

    3. c

      regulations under section 28D of that Act;

    4. d

      section 8A, or any of sections 9 to 9B, of the Civil Partnership Act 2004.

  • F1“relevant requirement” in relation to a proposed marriage or civil partnership under the law of Northern Ireland, means any requirement imposed by law, including a requirement imposed by or in accordance with—

    1. (a)

      subsection (3);

    2. (b)

      regulations under paragraph 4 of Schedule 5;

    3. (c)

      Article 3A or 3B of the Marriage (Northern Ireland) Order 2003;

    4. (d)

      Article 5 of the Marriage (Northern Ireland) Order 2003 so far as that requirement relates to nationality;

    5. (e)

      section 139A or 139B of the Civil Partnership Act 2004;

    6. (f)

      section 141 of the Civil Partnership Act 2004 so far as that requirement relates to nationality.

  • F3“relevant requirement” in relation to a proposed marriage or civil partnership under the law of Scotland, means any requirement imposed by law including a requirement imposed by or in accordance with—

    1. a

      subsection (3);

    2. b

      regulations under paragraph 4 of Schedule 5;

    3. c

      section 3(4A), 3A or 3B of the Marriage (Scotland) Act 1977;

    4. d

      section 88(8), 88A or 88B of the Civil Partnership Act 2004.