The Registration of Marriages Regulations 2021

PART 3 Secondary legislation

Amendment of the Order in Council under the Naval Marriages Act 1908 adapting provisions of Enactments and Rules as to Publication of Banns and Issue of Certificates 1908

63.—(1) The Order in Council under the Naval Marriages Act 1908 adapting provisions of Enactments and Rules as to Publication of Banns and Issue of Certificates 1908(1) is amended as follows.

(2) In article 5 (notices of marriage)—

(a) after “Marriage Notice Book” (the first place it appears) insert “or marriage register”;

(b) after “Marriage Notice Books” insert “, or to the entry in the marriage register of particulars of any notice of marriage or the inspection of such entry,”.

(3) In article 9 (details of persons giving notice on board Her Majesty’s Ships), before “Certificate” insert “marriage schedule,”.

Amendment of the Marriage (Authorised Persons) Regulations 1952

64.—(1) The Marriage (Authorised Persons) Regulations 1952(2) are amended as follows.

(2) In regulation 2 (interpretation), omit the definitions of “registration district” and “superintendent registrar”.

(3) Omit regulations 6 to 8, 9(2) and 10 to 26 (custody of register books and forms, production and disposal of certificates and registration of marriages).

Amendment of the Marriages and Civil Partnerships (Approved Premises) Regulations 2005

65.—(1) The Marriages and Civil Partnerships (Approved Premises) Regulations 2005(3) are amended as follows.

(2) In regulation 15 (change of name of approved premises), for “certificate for marriage” (in both places it appears) substitute “marriage schedule”.

(3) In Schedule 2, in paragraph 14 (conditions to be attached to grants of approval), for “certificate for marriage” (in both places it appears) substitute “marriage schedule”.

Amendment of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014

66.—(1) The Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014(4) are amended as follows.

(2) In regulation 23(6) (searches of indexes of conversion records kept by the Registrar General and issue of copies)—

(a) for “of certified copies of entries in marriage register books” substitute “of entries in the marriage register and certified copies of entries in marriage register books”;

(b) for “and certified copies of entries in marriage register books” substitute “and entries in the marriage register and certified copies of entries in marriage register books”.

(3) In regulation 24(6) (searches of indexes of conversion records kept by the superintendent registrar and issue of copies)—

(a) for “of certified copies of entries in marriage register books” substitute “of entries in the marriage register and certified copies of entries in marriage register books”;

(b) for “and certified copies of entries in marriage register books” substitute “and entries in the marriage register and certified copies of entries in marriage register books”.

Amendment of the Consular Marriages and Marriages under Foreign Law (No. 2) Order 2014

67.—(1) The Consular Marriages and Marriages under Foreign Law (No. 2) Order 2014(5) is amended as follows.

(2) In article 5(1) (consent to marriage), for “certificate issued by a superintendent registrar” substitute “marriage schedule”.

(3) In article 15 (issuing a certificate of no impediment by the superintendent registrar), in paragraph (3), for “an entry in the marriage notice book under section 27(6)” substitute “recording a notice of marriage under section 27(4)(b)”.

Amendment of the Gender Recognition Register (Marriage and Civil Partnership) Regulations 2015

68.—(1) The Gender Recognition Register (Marriage and Civil Partnership) Regulations 2015(6) are amended as follows.

(2) In regulation 6(3) (particulars to be entered in the Gender Recognition Marriage Register), for “marriage register entry (or, in the case of a marriage resulting from the conversion of a civil partnership, their civil partnership register entry) as if they had signed the entry in the Gender Recognition Marriage Register” substitute—

“—

(a) marriage register entry, in the case of a marriage solemnized before 4th May 2021,

(b) marriage schedule, in the case of a marriage solemnized on or after 4th May 2021, or

(c) civil partnership document, in the case of a marriage resulting from the conversion of a civil partnership,

in the manner in which the names were recorded in the parties’ marriage register entry, marriage schedule or civil partnership document (as the case may be)”.

(3) In regulation 7(1) (qualifying marriages resulting from conversion of civil partnership), for “in the form prescribed on the applicable date under section 55(1) of” substitute “by entering the particulars required for registration of a marriage on the applicable date under”.

(4) Regulation 8 (qualifying marriages of same sex couples) is amended as follows—

(a) in regulation 8(3)(a), omit “section 55(1) of”;

(b) in regulation 8(4), for “in the form prescribed on the applicable date under section 55(1) of the Marriage Act 1949” substitute “by entering the particulars required for registration of a marriage on the applicable date under the Marriage Act 1949”.

(5) In regulation 9(2) (qualifying marriages solemnized according to religious rites), for “in the form prescribed on the applicable date under section 55(1) of” substitute “by entering the particulars required for registration of a marriage on the applicable date under”.

(6) In regulation 10(3) (qualifying marriages solemnized outside the United Kingdom), for “in the form prescribed on the applicable date under section 55(1) of” substitute “by entering the particulars required for registration of a marriage on the applicable date under”.

Amendment of the Referral of Proposed Marriages and Civil Partnerships Regulations 2015

69.—(1) The Referral of Proposed Marriages and Civil Partnerships Regulations 2015(7) are amended as follows.

(2) In regulation 12(a) (timing of referral), for “marriage notice book” substitute “marriage register”.

(3) In regulation 14 (information to be sent with referral by a superintendent registrar or registration authority), in paragraph (2)(b), for “marriage notice book” substitute “marriage register”.

(4) In regulation 17 (effects of the referral), in paragraph (d)(i), for “certificate” substitute “marriage schedule”.

Amendment of the Registration of Marriages Regulations 2015

70.—(1) The Registration of Marriages Regulations 2015(8) are amended as follows.

(2) In regulation 3(1) (required language for completion of certain forms)—

(a) for “, 9(w) to 12(w) and 15(w)” substitute “and 9(w) to 12(w)”;

(b) omit sub-paragraph (b).

(3) Omit Part 3 (registration of marriage) and Part 4 (correction of errors).

(4) Omit regulation 22 (quarterly certified copies).

(5) In regulation 23(2) (authority to commence proceedings for certain offences), omit “or (2)”.

(6) In Schedule 1 (prescribed forms)—

(a) in the table, omit the rows beginning “15”, “15(w)”, “16” and “17”;

(b) omit the prescribed forms 15, 15(w), 16 and 17.

(7) In Schedule 2 (forms of words in English and Welsh), in the table, omit the row beginning “step-father”.

Amendment of the Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016

71.  In Schedule 1 to the Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016 (fees payable)(9), in the table, omit row 12.

Amendment of the Births, Deaths, Marriages and Civil Partnerships Records Regulations 2016

72.—(1) Regulation 4(1) of the Births, Deaths, Marriages and Civil Partnerships Records Regulations 2016(10) (provision of the information contained in a marriage record in electronic format) is amended as follows.

(2) In the words before paragraph (a), for “the marriage register” substitute “any marriage register book, entries in the marriage register made under section 53D(10)(a) of the Marriage Act 1949”.

(3) In sub-paragraph (b), for “the marriage register” substitute “any marriage register book”.

(1)

1908 No. 1316. This Order in Council now has effect as if made under sections 14 and 39 of the Marriage Act 1949, by virtue of s 79(2) thereof.

(2)

S.I. 1952/1869, relevant amending instruments are S.I. 1965/528, 1971/1216, 1974/573, 1986/1444, 2000/3164, 2005/3177, 2014/107, 2014/3061, 2015/177.

(3)

S.I. 2005/3168, to which there are amendments not relevant to these Regulations.

(4)

S.I. 2014/3181, amended by S.I. 2016/911. There are other amending instruments but none is relevant.

(5)

S.I. 2014/3265, amended by S.I. 2019/1514.

(6)

S.I. 2015/50, to which there are amendments not relevant to these Regulations.

(7)

S.I. 2015/123, to which there are amendments not relevant to these Regulations.

(8)

S.I. 2015/207.

(9)

S.I. 2016/911, amended by S.I. 2017/947. There are other amending instruments but none is relevant.

(10)

S.I. 2016/980, amended by S.I. 2018/1268 and S.I. 2020/1093. There are other amending instruments but none is relevant.