2023 No. 82

Marriage, England And Wales
Civil Partnership, England And Wales

The Marriage and Civil Partnership (Minimum Age) Act 2022 (Consequential Amendments) Regulations 2023

Made

Laid before Parliament

Coming into force in accordance with regulation 1(2)

The Secretary of State, in exercise of the powers conferred by section 5(2) and (3) of the Marriage and Civil Partnership (Minimum Age) Act 20221, makes the following Regulations:

Citation and commencement1

1

These Regulations may be cited as the Marriage and Civil Partnership (Minimum Age) Act 2022 (Consequential Amendments) Regulations 2023.

2

These Regulations come into force on the day on which section 1 of the Marriage and Civil Partnership (Minimum Age) Act 2022 comes into force.

Extent2

1

These Regulations extend to England and Wales.

2

An amendment made by these Regulations has the same extent as the provision amended.

Amendments to the Civil Partnership (Registration Abroad and Certificates) Order 20053

In article 7(1) (parental etc consent where the proposed civil partner is under 18) of the Civil Partnership (Registration Abroad and Certificates) Order 20052

a

after “civil partnership registration is” omit “either England and Wales or”;

b

after “Northern Ireland, then” omit from “, save” to “widower,”;

c

for “sections 4 and 145 of, and Schedules 2 and 13” substitute “section 145 of and Schedule 13”;

d

after “applied thereby to” omit “England and Wales and”; and

e

after “Northern Ireland” omit “respectively”.

Amendments to the Civil Partnership (Armed Forces) Order 20054

In article 7(1) (parental etc consent where the proposed civil partner is under 18) of the Civil Partnership (Armed Forces) Order 20053

a

after “civil partnership registration is” omit “either England and Wales or”;

b

after “Northern Ireland, then” omit from “, save” to “widower,”;

c

for “sections 4, 145 and Schedules 2 and 13 of” substitute “section 145 of and Schedule 13 to”; and

d

after “applied to” omit “England and Wales and”.

Amendments to the Civil Partnership (Registration Provisions) Regulations 20055

1

The Civil Partnership (Registration Provisions) Regulations 20054 are amended as follows.

2

In regulation 3 (forms of notice of proposed civil partnership), in paragraph (1), in sub-paragraphs (a)(ii) and (b)(ii) after “under 18,” insert “but will be aged 18 on the day that the civil partnership schedule is due to be issued,”.

3

In Schedule 1 (prescribed forms)—

a

in the table—

i

in the description for the row beginning “2” after “under 18” insert “but will be aged 18 on the day that the civil partnership schedule is due to be issued”;

ii

in the description for the row beginning “2(w)” after “under 18” insert “but will be aged 18 on the day that the civil partnership schedule is due to be issued”;

iii

in the description for the row beginning “4” after “under 18” insert “but will be aged 18 on the day that the civil partnership schedule is due to be issued”; and

iv

in the description for the row beginning “4(w)” after “under 18” insert “but will be aged 18 on the day that the civil partnership schedule is due to be issued”;

b

for forms 2, 2(w), 4, 4(w), 5, 5(w), 9, 9(w), 10 and 10(w) (but not the headings preceding them) substitute forms 2, 2(w), 4, 4(w), 5, 5(w), 9, 9(w), 10 and 10(w) in Part 1 of the Schedule to these Regulations.

Amendments to the Overseas Marriage (Armed Forces) Order 20146

In article 8 (consent to marriage) of the Overseas Marriage (Armed Forces) Order 20145, omit paragraphs (1) and (2).

Amendments to the Consular Marriages and Marriage under Foreign Law (No. 2) Order 20147

1

The Consular Marriages and Marriage under Foreign Law (No.2) Order 20146 is amended as follows.

2

In article 5 (consent to marriage), omit paragraphs (1) and (2).

3

In article 8 (oath before marriage), omit paragraph (c).

4

In article 14 (application for a certificate of no impediment to the superintendent registrar), omit paragraph (3)(b)(ii).

5

In article 16 (application for a consular certificate of no-impediment), in paragraph (2)(b)(ii) for “if N, not being a widower or widow or surviving civil partner, is under the age of eighteen years” substitute “if N is under the age of eighteen years and the relevant part of the United Kingdom is Northern Ireland”.

Amendments to the Registration of Marriages Regulations 20158

1

The Registration of Marriages Regulations 20157 are amended as follows—

2

In regulation 4, (forms of notice of marriage) in paragraph (1), in sub-paragraphs (a)(ii) and (b)(ii), after “under 18” insert “but will be aged 18 on the day that the marriage schedule is due to be issued”;

3

In Schedule 1 (prescribed forms) —

a

in the table—

i

in the description for the row beginning “2” after “under 18” insert “but will be aged 18 on the day that the marriage schedule is due to be issued”;

ii

in the description for the row beginning “2(w)” after “under 18” insert “but will be aged 18 on the day that the marriage schedule is due to be issued”;

iii

in the description for the row beginning “4” after “under 18” insert “but will be aged 18 on the day that the marriage schedule is due to be issued”; and

iv

in the description for the row beginning “4(w)” after “under 18” insert “but will be aged 18 on the day that the marriage schedule is due to be issued”;

b

for forms 2, 2(w), 4, 4(w), 5, 5(w), 11A, 11A(w), 11B, 11B(w), 12, 12(w), and 13 (but not the headings preceding them) substitute forms 2, 2(w), 4, 4(w), 5, 5(w), 11A, 11A(w), 11B, 11B(w), 12, 12(w), and 13 in Part 2 of the Schedule to these Regulations.

BellamyParliamentary Under Secretary of StateMinistry of Justice

SCHEDULEPrescribed forms

Regulation 5(b) and 8(b)

PART 1Civil Partnership (Registration Provisions) Regulations 2005 ; New forms to replace existing forms

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PART 2Registration of Marriages Regulations 2015; New forms to replace existing forms

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to secondary legislation consequential on the Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28).

Regulations 3, 4 and 7 make consequential amendments to Orders governing the formation of civil partnership to remove provisions relating to under 18s being able to enter into civil partnership, where the relevant part of the United Kingdom is England and Wales. Regulation 6 makes consequential amendments to remove provision relating to marriages of under 18s where the relevant part of the United Kingdom is England and Wales.

Regulations 5 and 8 make consequential amendments to prescribed forms of notices, licences, schedules and certificates for marriage and civil partnership.