The Registration of Marriages (Amendment) Regulations 2021

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Registration of Marriages Regulations 2015 (“the 2015 Regulations”). The amendments are connected with the amendments to the Marriage Act 1949 (“the 1949 Act”) made by the Registration of Marriages Regulations 2021 (S.I. 2021/411). Those amendments to the 1949 Act provide for a “marriage document” to be issued by a member of the clergy where a marriage is to be solemnized following the publication of banns or on the authority of a special or common licence. They also provide for other marriages to be solemnized on the authority of a “marriage schedule” issued by a superintendent registrar (rather than, as formerly, on the authority of certificates). After solemnization of the marriage, the signed marriage document or marriage schedule must be returned to the registrar for the district in which the marriage was solemnized so that the registrar may then register the marriage. The amendments made to the 1949 Act also provide for the registration of marriages in a new electronic register instead of in marriage register books.

Regulation 5 inserts new regulations 9A to 9C in the 2015 Regulations. New regulation 9A prescribes forms for marriage schedules, and new regulations 9B and 9C prescribe the content of spaces on those forms.

Regulation 5 also inserts new regulation 9D, which prescribes a new form for a certificate for marriage issued in England or Wales under section 31 of the 1949 Act as applied by section 1(3) of the Marriage (Scotland) Act 1956. The new form is added by regulation 11(9) and Part 1 of the Schedule. Regulation 6 amends regulation 10 of the 2015 Regulations (with effect from 4th May 2021) to remove the form prescribed by that regulation for marriage certificates, since certificates for marriage are generally superseded by marriage schedules.

Regulation 7 inserts new regulations 10A, 10B and 10C in the 2015 Regulations. New regulation 10A prescribes forms for marriage documents, and new regulations 10B and 10C prescribe the content of spaces on those forms.

The prescribed forms for marriage schedules and marriage documents are added to the 2015 Regulations by regulation 11(2)(a) and (c), (8) and (11) and Part 2 of the Schedule.

Regulation 8 amends regulation 11 of the 2015 Regulations. The amendments prescribe forms for instructions given by a superintendent registrar under section 31(5) of the 1949 Act when issuing a marriage schedule for a marriage to be solemnized in a registered building without a registrar being present. The forms are added to the 2015 Regulations by regulation 11(2)(d) and (13) and Part 2 of the Schedule. Regulation 11 of the 2015 Regulations continues also to prescribe forms for instructions given under section 31(5) when a certificate is issued for a marriage to be solemnized in a registered building without the presence of a registrar; but regulation 9 of these Regulations removes that provision with effect from 4th May 2021 when certificates for marriage will cease to be issued, and regulation 11(3) and (12) removes the forms.

Regulation 10 inserts new Parts 2A, 2B and 2C in the 2015 Regulations, comprising new regulations 11A to 11L.

New Part 2A (comprising new regulation 11A) of the 2015 Regulations prescribes the content of notices under sections 53D and 53E of the 1949 Act. Section 53D makes provision for cases where the signed marriage document or marriage schedule is not delivered to the registrar as required after solemnization of the marriage. It provides for a procedure by which this may be enforced by the issuing of notices by a registrar requiring delivery of the document or schedule. Section 53E makes similar provision for cases where the original marriage document or schedule has been lost or destroyed and a reproduction has been required.

New Part 2B comprises new regulations 11B to 11G. New regulation 11B requires a registrar who has registered a marriage to send the marriage document or marriage schedule to the superintendent registrar, and requires superintendent registrars to keep these documents and schedules for at least 5 years. New regulations 11C to 11G provide for the closure of marriage register books formerly in use by registrars or for the registration of marriages solemnized in registered buildings without the presence of a registrar, and for copies of such closed books to be sent to and kept by the appropriate superintendent registrar. They also provide for the keeping of existing, filled register books formerly used for the registration of marriages solemnized in registered buildings without the presence of a registrar.

New Part 2C comprises new regulations 11H to 11L. New regulations 11H and 11I provide for the correction of marriage schedules before solemnization of a marriage. New regulation 11J provides for the correction of a marriage document before solemnization of the marriage. New regulation 11K provides for the correction of entries in marriage register books kept by the superintendent registrar. New regulation 11L provides for the correction of entries in the new marriage register.

Regulation 11(4) to (7) and (10) replaces specified forms in Schedule 1 to the 2015 Regulations.

Regulation 12 amends Schedule 2 to the 2015 Regulations, which provides mandatory Welsh equivalents of English expressions required to be used in completing forms. The amendments are consequential on other amendments made by these Regulations. Further provision about the completion of forms is made by regulations 3(b) and 4.

A full impact assessment has not been produced for this instrument because no, or no significant, impact on the private, voluntary or public sector is foreseen.