The Registration of Births, Deaths and Marriages (Miscellaneous Amendments) Regulations 1995

Statutory Instruments

1995 No. 744

REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, ETC. ENGLAND AND WALES

The Registration of Births, Deaths and Marriages (Miscellaneous Amendments) Regulations 1995

Made

14th March 1995

Coming into force

1st April 1995

The Registrar General in exercise of the powers conferred on him by sections 55(1) and 74(b) of the Marriage Act 1949(1) and sections 6(2) and 20(d) of the Registration Service Act 1953(2) and of all other powers enabling him in that behalf, with the approval of the Secretary of State for Health(3), hereby makes the following Regulations—

Citation and commencement

1.  These Regulations may be cited as the Registration of Births, Deaths and Marriages (Miscellaneous Amendments) Regulations 1995 and shall come into force on 1st April 1995.

Amendment of regulation 12 of the Registration of Marriages Regulations 1986

2.  In regulation 12 of the Registration of Marriages Regulations 1986(4) (entry of attestation) after paragraph (b) there shall be inserted—

“(bb) if the marriage has been solemnized on approved premises in pursuance of section 26(1)(bb) of the Act(5), the description of the approved premises and the word “certificate” or, as the case may be, “licence”;”.

Amendment of regulation 4 of the Registration of Births, Deaths and Marriages Regulations 1968

3.  In regulation 4 of the Registration of Births, Deaths and Marriages Regulations 1968(6) (qualifications for appointment), paragraphs (b), (c) and (d) and the proviso to that regulation shall be omitted.

Given under my hand on 13th March 1995.

P. J. Wormald

Registrar General

Signed by authority of the Secretary of State for Health

Tom Sackville

Parliamentary Under-Secretary of State,

Department of Health

14th March 1995

Explanatory Note

(This note is not part of the Regulations)

These Regulations make a minor amendment to the Registration of Marriages Regulations 1986 consequent upon the coming into force of those provisions of the Marriage Act 1994 which enable civil ceremonies of marriage to take place on premises approved by the local authority (regulation 2). The amendment provides for the relevant particulars to be entered by the registrar in the form of attestation of marriage.

In addition, the Regulations amend the Registration of Births, Deaths and Marriages Regulations 1968 to remove the age restrictions on appointment to a registration office (regulation 3).

(1)

1949 c. 76; for the definition of “prescribed”see section 78(1) of the Marriage Act 1949.

(2)

1953 c. 37; for the definition of “prescribed”see section 21(1) of the Registration Service Act 1953.

(3)

The approval of the Secretary of State is required by virtue of section 74 of the Marriage Act 1949 and section 20 of the Registration Service Act 1953. “Secretary of State” was substituted for “Minister of Health” in section 74 of the 1949 Act and section 20 of the 1953 Act by the Secretary of State for Social Services Order (S.I. 1968/1699), article 5(4)(a).

(4)

S.I. 1986/1442, as amended by S.I. 1987/2088.

(5)

Section 26(1)(bb) was inserted in the Marriage Act 1949 by section 1(1) of the Marriage Act 1994 (1994 c. 34).

(6)

S.I. 1968/2049. The only provisions in these Regulations which remain in force relate to registration officers and accounting—see Explanatory Note to S.I. 1987/2088. Regulation 5(b) was subsequently amended by S.I. 1992/2753.