The Registration of Marriages Regulations 2021

Issue of marriage schedule before 4th May 2021 for marriage on or after that date

8.—(1) This paragraph applies, before 4th May 2021, in a case where—

(a) a marriage is to be solemnized on or after that date, and

(b) the superintendent registrar for the registration district in which the marriage is to be solemnized is satisfied that one of conditions A to D is met.

(2) Condition A is that a certificate for marriage has been issued, or (disregarding this paragraph) is required to be issued, under section 31(2) of the 1949 Act (marriage under certificate without licence)(1) to each of the persons to be married.

(3) Condition B is that—

(a) one of the persons to be married resides in Scotland,

(b) the superintendent registrar for the registration district in which the marriage is to be solemnized has received a certificate issued to that person under section 7(2) of the Marriage (Scotland) Act 1977 (issue of certificate for marriage outside Scotland where a party resides in Scotland)(2), and

(c) a certificate for marriage has been issued, or (disregarding this paragraph) is required to be issued, under section 31(2) of the 1949 Act to the other person to be married.

(4) Condition C is that—

(a) one of the persons to be married is an officer, seaman or marine borne on the books of one of Her Majesty’s ships at sea,

(b) the superintendent registrar for the registration district in which the other person to be married resides has received a certificate issued under section 39 of the 1949 Act (issue of certificates on board Her Majesty’s ships) to the person referred to in sub-paragraph (a), and

(c) a certificate for marriage has been issued, or (disregarding this paragraph) is required to be issued, under section 31(2) of the 1949 Act to the other person to be married.

(5) Condition D is that—

(a) one of the persons to be married is a British subject resident in a part of Her Majesty’s dominions outside the United Kingdom to which section 1 of the Marriage of British Subjects (Facilities) Act 1915 (facilities for marriages between British subjects resident in the United Kingdom and British subjects resident elsewhere)(3) applies,

(b) the superintendent registrar for the registration district in which the marriage is to be solemnized has received a certificate of the publication of banns or a certificate of notice of marriage issued to that person in accordance with the law in force in that part of Her Majesty’s dominions, and

(c) a certificate for marriage has been issued, or (disregarding this paragraph) is required to be issued, under section 31(2) of the 1949 Act to the other person to be married.

(6) The superintendent registrar for the registration district in which the marriage is to be solemnized must issue a marriage schedule under section 31 of the 1949 Act as amended by these Regulations (ignoring paragraphs (a) and (b) of subsection (2) of that section and the requirement that a condition in subsection (3) of that section be met).

(7) Where a superintendent registrar issues a marriage schedule under section 31 in accordance with sub-paragraph (6), any superintendent registrar who would otherwise be required to issue a certificate under section 31(2) of the 1949 Act in respect of the marriage is no longer required to do so.

(8) Where this paragraph applies and a certificate under section 31(2) of the 1949 Act has yet to be issued, the references in section 28A(2)(b) (power to require evidence of consent to marriages of same sex couples)(4) and section 30(1) (forbidding of issue of certificate)(5) of that Act to any time before the issue of the certificate are to be read as references to any time before the issue of a marriage schedule under section 31 in accordance with sub-paragraph (6).

(9) Where a superintendent registrar refuses to issue a marriage schedule under section 31 of the 1949 Act, as amended by these Regulations, in accordance with sub-paragraph (6), on the basis that, relying on section 31(2)(a) or 31ZA of that Act (notice of marriage: false information or evidence)(6), a certificate is not required to be issued, the following apply as amended by these Regulations—

(a) section 31A of that Act (appeal on refusal under section 31(2)(a) or 31ZA)(7), and

(b) where section 31ZA of that Act is relied on, subsection (2) of that section.

(10) Subsection (3)(a) to (c) of section 75 of the 1949 Act (offences relating to issue of marriage schedule)(8) as amended by these Regulations applies in respect of issuing marriage schedules before 4th May 2021, but as if—

(a) the reference in subsection (3)(a) of that section to none of the conditions in section 31(3) being met were a reference to none of conditions A to D being met, and

(b) for subsection (3)(c) of that section there were substituted—

“(c) issues a marriage schedule where a certificate in respect of the marriage concerned has been forbidden under section 30 of this Act by any person entitled to forbid the issue of such a certificate;”.

(1)

Section 31(2) was amended by section 163(1) of, and paragraph 10(2)(b) of Schedule 4 to, the Immigration Act 2014.

(2)

1977 c. 15. Section 7(2) was amended by section 18(3) of the Marriage and Civil Partnership (Scotland) Act 2014 asp 5.

(3)

1915 c. 40. Section 1 was amended by the Marriage of British Subjects (Facilities) Amendment Act 1916 c. 21. The Marriage of British Subjects (Facilities) Act 1915 was repealed in Scotland by Schedule 3 to the Marriage (Scotland) Act 1977 (c. 15), save that by section 27(3) nothing in that Act affected the validity of any marriage solemnised or contracted before 1st January 1978.

(4)

Section 28A was inserted by section 162(1) of the Immigration and Asylum Act 1999 and section 28A(2) was amended by paragraph 6 of Schedule 4 to the Immigration Act 2014.

(5)

Section 30 was amended by paragraph 13 of Schedule 14 to the Immigration and Asylum Act 1999 and S.I. 2009/2821.

(6)

Section 31ZA was inserted by paragraph 11(2) of Schedule 4 to the Immigration Act 2014.

(7)

Section 31A was inserted by section 163(2) of the Immigration and Asylum Act 1999. Section 31A(1) was amended by paragraph 11(3)(b) of Schedule 4 to the Immigration Act 2014. Sections 31A(2A) and (3A) were inserted by paragraph 11(3)(c) and (d) of Schedule 4 to the Immigration Act 2014 respectively. Section 31A(4) was amended by paragraph 11(3)(e) of Schedule 4 to the Immigration Act 2014.

(8)

Section 75(3) was amended by paragraph 20 of Schedule 1 to the Marriage Act 1983, paragraph 30 of Schedule 14, and paragraph 1 of Schedule 16, to the Immigration and Asylum Act 1999, paragraph 19 of Schedule 7 to the Marriage (Same Sex Couples) Act 2013, paragraph 16 of Schedule 4 to the Immigration Act 2014, S.I. 1997/986 and S.I. 2009/2821.