The Marriage (Authorised Persons) and Civil Partnership (Registration Provisions) (Amendment) Regulations 2015

Statutory Instruments

2015 No. 177

Registration Of Births, Deaths, Marriages Etc., England And Wales

Civil Partnership, England And Wales

The Marriage (Authorised Persons) and Civil Partnership (Registration Provisions) (Amendment) Regulations 2015

Made

5th February 2015

Coming into force

2nd March 2015

The Registrar General, in exercise of the powers conferred by section 74(1)(a) of the Marriage Act 1949(1) and sections 8(2), 9E(1), 12(2), 21(2), 36(1), 36(2)(a) and (3), and 258(2) of the Civil Partnership Act 2004(2), and with the approval of the Secretary of State(3), makes the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Marriage (Authorised Persons) and Civil Partnership (Registration Provisions) (Amendment) Regulations 2015 and come into force on 2nd March 2015.

Interpretation

2.  In these Regulations, “2004 Act” means the Civil Partnership Act 2004.

Amendments to Marriage (Authorised Persons) Regulations 1952

3.—(1) The Marriage (Authorised Persons) Regulations 1952(4) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2(1)(5), in the definition of “trustees or governing body”, for the words “the Admiralty or any person” to the end of the definition, substitute “the Secretary of State or any person authorised by the Secretary of State”(6).

(3) In regulation 17(7)—

(a) omit sub-paragraphs (d) and (da);

(b) after sub-paragraph (ca), insert—

“(e) unless sub-paragraph (f) applies, in the case of a marriage between two parties who have previously been through a form of marriage with each other (not being a marriage which is known to have been null and void) and neither of them has since married a third party, then notwithstanding sub-paragraphs (b) and (c)—

(i) if the previous marriage was terminated by divorce, he shall enter the words “Previously married at … on … Marriage dissolved on …”, inserting particulars of the place and date of the previous marriage and the date of its dissolution, or

(ii) if the previous marriage was annulled, he shall enter the words “Previously married at … on … Marriage annulled on …”, inserting particulars of the place and date of the previous marriage and the date of its annulment, or

(iii) if the ceremony was performed for the avoidance of doubt as to the validity of a previous ceremony, he shall enter the words “Previously went through a form of marriage at … on …”, inserting the particulars of the place and date of the previous ceremony;

(f) where sub-paragraph (e) applies, and the parties are now legally of the same sex but their previous marriage was a marriage between a man and a woman, he shall enter the form of words referred to in sub-paragraphs (b) or (c) (as applicable), but if the parties so request, he shall enter the form of words referred to in sub-paragraph (e)(i), (ii) or (iii) (as applicable);

(g) in the case of a marriage between two parties of the same sex who have previously been through a form of civil partnership with each other (not being a civil partnership which is known to be void) and neither of them has since formed a civil partnership with, or married, a third party, then notwithstanding sub-paragraphs (ba) and (ca)—

(i) if the previous civil partnership has been terminated by final order of dissolution, he shall enter the words, “Previously formed a civil partnership at … on … Civil partnership dissolved on …”, inserting particulars of the place and date of the previous civil partnership and the date of dissolution, or

(ii) if the previous civil partnership was annulled, he shall enter the words, “Previously formed a civil partnership at … on … Civil partnership annulled on …”, inserting the particulars of the place and date of the previous civil partnership and the date of its annulment;

(h) in the case of a marriage between a man and a woman who have previously been through a form of civil partnership with each other (not being a civil partnership which is known to be void) and neither of them has since formed a civil partnership with, or married, a third party, he shall enter the form of words referred to in sub-paragraph (ba) or (ca) (as applicable), but if the parties so request, he shall enter the form of words referred to in sub-paragraph (g)(i) or (ii) (as applicable);”

Amendments to Civil Partnership (Registration Provisions) Regulations 2005

4.—(1) The Civil Partnership (Registration Provisions) Regulations 2005(8) are amended in accordance with paragraphs (2) to (6).

(2) For regulation 3, substitute—

“3.    Forms of notice of proposed civil partnership

(1) The information to be contained in, and the form of, the notice to be given by each party to a proposed civil partnership under section 8 of the 2004 Act(9) (notice of civil partnership under the standard procedure)—

(a) where both parties are relevant nationals(10) and where—

(i) both parties are aged 18 or over, is form 1 if attested in England or form 1(w) if attested in Wales;

(ii) either party is, or both parties are, aged under 18, is form 2 if attested in England, or form 2(w) if attested in Wales;

(b) where either party is not, or neither party is, a relevant national and where—

(i) both parties are aged 18 or over, is form 3 if attested in England or form 3(w) if attested in Wales;

(ii) either party is, or both parties are, aged under 18, is form 4 if attested in England or form 4(w) if attested in Wales;

(2) The information to be contained in, and the form of, the notice to be given under section 21 of the 2004 Act (notice of civil partnership under the special procedure) is form 5 is attested in England and form 5(w) if attested in Wales.”

(3) After regulation 5, insert—

“5A.    Specified evidence to accompany notice of civil partnership

(1) Schedule 3 has effect to specify evidence of—

(a) a person’s name, surname, date of birth and nationality, for the purposes of section 9(1)(a), (b) and (d) of the 2004 Act(11);

(b) a person’s place of residence, for the purposes of section 9(1)(c) of the 2004 Act; and

(c) the ending of a person’s previous marriage or civil partnership, for the purposes of section 9(2) of the 2004 Act.”

(4) In Schedule 1(12), in the table of contents, for rows 1 to 8 (relating to forms 1 to 4(w)), substitute—

“1	3	Notice of civil partnership given where both parties are relevant nationals and are aged 18 or over	Civil Partnership Act, section 8(2)
1(w)	3	Notice of civil partnership given where both parties are relevant nationals and are aged 18 or over (with Welsh translation)	Civil Partnership Act, section 8(2)
2	3	Notice of civil partnership given where both parties are relevant nationals and where either party is, or both parties are, aged under 18	Civil Partnership Act, section 8(2)
2(w)	3	Notice of civil partnership given where both parties are relevant nationals and where either party is, or both parties are, aged under 18 (with Welsh translation)	Civil Partnership Act, section 8(2)
3	3	Notice of civil partnership given where either party is not, or neither party is, a relevant national and both parties are aged 18 or over	Civil Partnership Act, section 8(2)
3(w)	3	Notice of civil partnership given where either party is not, or neither party is, a relevant national and both parties are aged 18 or over (with Welsh translation)	Civil Partnership Act, section 8(2)
4	3	Notice of civil partnership given where either party is not, or neither party is, a relevant national and either party is, or both parties are, aged under 18	Civil Partnership Act, section 8(2)
4(w)	3	Notice of civil partnership given where either party is not, or neither party is, a relevant national and either party is, or both parties are, aged under 18 (with Welsh translation)	Civil Partnership Act, section 8(2)”

(5) In Schedule 1—

(a) for forms 3, 3(w), 4 and 4(w), substitute forms 3, 3(w), 4 and 4(w) in the Schedule to these Regulations; and

(b) for forms 11 and 11(w), substitute forms 11 and 11(w) in the Schedule to these Regulations.

(6) After Schedule 2, insert—

Regulation 5A

“SCHEDULE 3 Evidence

Interpretation

1.   In this Schedule—

“claim for asylum” means a claim within the meaning of section 94(1) of the Immigration and Asylum Act 1999(13);

“Council Regulation” means the Council Regulation (EC) No. 2201/2003 of 27th November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and matters of parental responsibility;

“driving licence” means a licence granted under—

(a)

Part 3 of the Road Traffic Act 1988(14), or

(b)

the Road Traffic (Northern Ireland) Order 1981(15),

and includes a provisional licence, a counterpart Community licence and a British external licence within the meaning of those enactments;

“humanitarian protection” means humanitarian protection granted in accordance with paragraph 339C of the immigration rules;

“immigration rules” means the rules for the time being laid down as mentioned in section 3(2) of the Immigration Act 1971(16);

“indefinite leave to enter or remain” means leave to enter or remain in the United Kingdom given in accordance with the provisions of the Immigration Act 1971 or the immigration rules which is not limited as to duration;

“limited leave to enter or remain” means leave to enter or remain in the United Kingdom given in accordance with the provisions of the Immigration Act 1971 or the immigration rules which is limited as to duration;

“settled status” has the same meaning as in section 33(2A) of the Immigration Act 1971(17);

“Stateless Convention” means the Convention relating to the Status of Stateless Persons done at New York on 28th September 1954(18);

“stateless person” has the same meaning as in Article 1 of the Stateless Convention;

“travel document” means a document which is not a passport, allowing a person to travel outside the United Kingdom.

Evidence of name, surname, date of birth and nationality

2.— (1) For the purposes of section 9(1)(a), (b) and (d) of the 2004 Act(19), one of the following original documents (or groups of documents) must be provided to the registration authority by a person (“P”) giving a notice of civil partnership under section 8 of the 2004 Act(20), as evidence of P’s name, surname, date of birth and nationality—

(a) P’s valid passport;

(b) P’s valid national identity card issued by an EEA state or Switzerland;

(c) certificate of registration as a British citizen granted to P by the Secretary of State together with another document referred to in paragraph 3 of this Schedule (except the letter referred to in paragraph 3(g)), to establish P’s current use of the name and surname referred to on the certificate of registration (or, if P has changed name, evidence of the change of name);

(d) certificate of naturalisation as a British citizen granted to P by the Secretary of State together with another document referred to in paragraph 3 of this Schedule (except the letter referred to in paragraph 3(g)), to establish P’s current use of the name and surname referred to on the certificate of naturalisation (or, if P has changed name, evidence of the change of name);

(e) where P was born in the United Kingdom—

(i) before 1st January 1983—

(aa) P’s United Kingdom birth certificate; and

(bb) one of the documents referred to in paragraph 3 of this Schedule (except the letter referred to in paragraph 3(g)), to establish P’s current use of the name and surname referred to on the birth certificate provided (or, if P has changed name, evidence of the change of name);

(ii) on or after 1st January 1983 but before 1st July 2006—

(aa) P’s full United Kingdom birth certificate showing P’s parents’ (or, as the case may be, parent’s), details;

(bb) one of the documents referred to in paragraph 3 of this Schedule (except the letter referred to in paragraph 3(g)) to establish P’s current use of the name and surname referred to on the birth certificate provided (or, if P has changed name, evidence of the change of name);

(cc) evidence of either of P’s parents’ British citizenship or settled status at the time of P’s birth (e.g. a passport describing the relevant parent as a British citizen or indicating that he or she then had indefinite leave to enter or remain); and

(dd) P’s parents’ marriage certificate (if British citizenship is claimed through P’s father);

(iii) on or after 1st July 2006—

(aa) P’s full birth certificate showing the parents’ (or, as the case may be, parent’s) details;

(bb) one of the documents referred to in paragraph 3 of this Schedule (except the letter referred to in paragraph 3(g)) to establish P’s current use of the name and surname referred to on the birth certificate provided (or, if P has changed name, evidence of the change of name);

(cc) evidence of either of P’s parents’ British citizenship or settled status at the time of P’s birth (e.g. a passport describing the relevant parent as a British citizen or indicating that he or she then had indefinite leave to enter or remain);

(f) P’s valid biometric immigration document within the meaning of section 5(1)(a) of the UK Borders Act 2007(21);

(g) P’s valid travel document issued in the United Kingdom at the discretion of the Secretary of State to persons who have been formally and, in the view of the Secretary of State, unreasonably, refused a passport by the authorities in their own countries and who have—

(i) been granted limited leave to enter or remain or humanitarian protection on rejection of a claim for asylum or for recognition as a stateless person; or

(ii) been granted indefinite leave to enter or remain;

(h) valid travel document issued to P pursuant to Article 28 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951(22);

(i) valid travel document issued to P pursuant to Article 28 of the Stateless Convention;

(l) if none of the documents (or groups of documents) listed in sub-paragraphs (a) to (i) are available to confirm P’s name, surname, date of birth and nationality, such other evidence as the Registrar General determines it is reasonable to accept in the particular circumstances of the case.

Evidence of place of residence

3.— (1) For the purposes of section 9(1)(c) of the 2004 Act, one of the following original documents must be provided to the registration authority as evidence of the place of residence of a person giving a notice of civil partnership under section 8 of the 2004 Act—

(a) utility bill dated no more than three months before the date on which notice of civil partnership is given;

(b) bank or building society statement or passbook dated no more than one month before the date on which notice of civil partnership is given;

(c) council tax bill dated no more than 12 months before the date on which notice of civil partnership is given;

(d) mortgage statement dated no more than 12 months before the date on which notice of civil partnership is given;

(e) current residential tenancy agreement;

(f) valid driving licence in the name of the person giving notice of civil partnership;

(g) letter from the owner or proprietor (“X”) of the address which is the person’s place of residence which—

(i) confirms that the person has resided at the address for at least seven days immediately prior to the date on which notice of civil partnership is given,

(ii) states that X is the owner or proprietor,

(iii) states X’s name,

(iv) states X’s address, and

(v) is signed and dated by X;

(h) if none of the documents listed in sub-paragraphs (a) to (g) are available, such other evidence as the Registrar General determines it is reasonable to accept in the particular circumstances of the case.

(2) The evidence mentioned in sub-paragraphs (a) to (e) of paragraph 3(1) must—

(a) be in the name of the person giving notice of civil partnership, or, where it is in the name of more than one person, one of them must be the person giving notice, and

(b) show the person’s place of residence as the address to which the evidence was sent.

Evidence of ending of previous marriage or civil partnership

4.— (1) For the purposes of section 9(2) of the 2004 Act, one of the following original documents must be provided to the registration authority as evidence of the ending of a previous marriage or civil partnership of a person (“P”) giving a notice of civil partnership under section 8 of the Act—

(a) P’s decree absolute of divorce or decree of nullity of marriage granted by a court of civil jurisdiction in England and Wales;

(b) P’s dissolution order or nullity order obtained in England or Wales in accordance with Part 2 of the Civil Partnership Act 2004(23);

(c) a document, or documents, confirming P’s divorce or annulment granted by a court of civil jurisdiction in any part of the British Islands and recognised in the United Kingdom in accordance with section 44 of the Family Law Act 1986(24);

(d) a document, or documents, confirming the dissolution or annulment of P’s civil partnership granted by a court of civil jurisdiction in the United Kingdom and recognised in accordance with section 233 of the Civil Partnership Act 2004;

(e) a document, or documents confirming P’s divorce or annulment obtained in a country outside the British Islands and recognised in the United Kingdom in accordance with either—

(i) sections 45 to 49 of the Family Law Act 1986(25); or

(ii) articles 21 to 27, 41(1) or 42(1) of the Council Regulation;

(f) a document, or documents confirming the dissolution or annulment of P’s civil partnership obtained outside the United Kingdom and recognised in accordance with either—

(i) sections 234 to 237 of the Civil Partnership Act 2004(26); or

(ii) regulations made under section 219 of the Civil Partnership Act 2004(27);

(g) the death certificate of P’s former spouse or civil partner;

(h) the presumed death certificate of P’s former spouse or civil partner issued under paragraph 3 of Schedule 1 to the Presumption of Death Act 2013(28);

(i) if none of the documents listed in sub-paragraphs (a) to (h) are available to confirm the ending of P’s previous marriage or civil partnership, such other evidence as the Registrar General determines it is reasonable to accept in the particular circumstances of the case.

(2) Where any document listed in paragraph (1)(c) to (g) or (i) was created outside the United Kingdom and is not in English, a full translation must also be provided.”

Given under my hand on

Paul Pugh

Registrar General

5th February 2015

I approve

James Brokenshire

Minister of State

Home Office

4th February 2015

Regulation 4(5)

SCHEDULE Prescribed forms

Form 3 Notice of civil partnership, regulation 3(1)(b)(i)

Form 3(w) Notice of civil partnership, regulation 3(1)(b)(i)

Form 4 Notice of civil partnership, regulation 3(1)(b)(ii)

Form 4(w) Notice of civil partnership, regulation 3(1)(b)(ii)

Form 11 Application to reduce the 28 day waiting period, regulation 7(2)

Form 11(w) Application to reduce the 28 day waiting period, regulation 7(2)

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Marriage (Authorised Persons) Regulations 1952 and the Civil Partnership (Registration Provisions) Regulations 2005 in consequence of changes made by other enactments.

The Marriage (Authorised Persons) Regulations 1952 (the “1952 Regulations”) are amended in two respects. First, regulation 2 is amended to remove an obsolete reference to the Admiralty in view of changes made by the Defence (Transfer of Functions) Act 1964 (c. 15), by which functions previously vested in the Admiralty were vested in the Secretary of State.

Second, the forms of words used in regulation 17 of the 1952 Regulations to describe ‘marital condition’ are amended to reflect changes made in consequence of the Marriage (Same Sex Couples) Act 2013 (c. 30). The new provisions mirror the forms of words used in regulations made by the Registrar General under section 55(1) of the Marriage Act 1949 (c. 76) for the registration of marriages by registrars.

The amendments to the Civil Partnership (Registration Provisions) Regulations 2005 (the “2005 Regulations”) are made in consequence of the Immigration Act 2014 (c. 22) (the “2014 Act”), which introduces a new referral and investigation scheme to assist investigation by the Secretary of State of suspected sham marriages and civil partnerships.

The 2005 Regulations are amended in three respects. First, changes are made to the prescribed forms to be used by persons giving notice of civil partnership under section 8 of the 2004 Act to reflect the terminology used in the 2014 Act, and the additional information that must be provided by those who are not British, EEA or Swiss nationals.

Second, these Regulations amend the forms to be used for an application, under section 12(1) of the Civil Partnership Act 2004 (the “2004 Act”), to shorten the waiting period before the civil partnership schedule can be issued. The amendments reflect the increase made by the 2014 Act in the waiting period from 15 to 28 days.

Third, these Regulations insert a new Schedule 3 to the 2005 Regulations which sets out the evidence that must be provided by a person giving a notice of civil partnership in accordance with the requirements in section 9 of the 2004 Act (as amended by the 2014 Act).

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.

(1)

1949 c. 76.

(2)

2004 c. 33. Section 9E was inserted by paragraph 21 of Schedule 4 to the Immigration Act 2014 (c. 22). Section 36(3) was amended by S.I. 2005/2000 and by paragraph 28(2) of Schedule 4 to the Immigration Act 2014.

(3)

See section 74(1) of the Marriage Act 1949 and section 36(2) of the 2004 Act. S.I. 2008/678 substituted the reference in section 36(2) of the 2004 Act to the Chancellor of the Exchequer with a reference to the Secretary of State.

(4)

S.I. 1952/1869.

(5)

Regulation 2(1) was amended by S.I. 2014/107 and S.I. 2014/3061.

(6)

See section 1(2), (7) and 3(2) of the Defence (Transfer of Functions) Act 1964 (c. 15).

(7)

Regulation 17 was amended by S.I. 1971/1216; S.I. 1986/1444; S.I. 2005/3177; and S.I. 2014/107.

(8)

S.I. 2005/3176.

(9)

Section 8 was substituted by paragraph 4(2) and (3) of Schedule 1 to S.I. 2005/2000.

(10)

“Relevant national” is defined in section 30A of the 2004 Act (inserted by paragraph 27 of Schedule 4 to the Immigration Act 2014 (c. 22)), and means a British citizen, a national of an EEA state other than the United Kingdom, or a national of Switzerland.

(11)

2004 c. 33; section 9 was substituted by paragraph 21 of Schedule 4 to the Immigration Act 2014.

(12)

The forms in Schedule 1 were amended by S.I. 2011/1171 and S.I. 2014/107.

(13)

1999 c. 33.

(14)

1988 c. 52.

(15)

S.I. 1981/154.

(16)

1971 c. 77. There are amendments to section 3, not relevant here.

(17)

Section 33(2A) was inserted by section 39(6) and paragraph 7(b) of Schedule 4 to the British Nationality Act 1981 (c. 61).

(18)

United Nations, Treaty Series, volume 360 at page 117.

(19)

2004 c. 33; section 9 was substituted by paragraph 21 of Schedule 4 to the Immigration Act 2014 (c. 22).

(20)

Section 8 was substituted by paragraph 4(2) and (3) of Schedule 1 to S.I. 2005/2000.

(21)

2007 c. 30.

(22)

United Nations, Treaty Series, volume 189 at page 137.

(23)

2004 c. 33.

(24)

1986 c. 55.

(25)

Section 45 was amended by S.I. 2001/310 and S.I. 2005/265.

(26)

Sections 235 and 236 were modified by S.I. 2005/3104. There are amendments to section 237, not relevant here.

(27)

Section 219 was amended by S.I. 2010/976. For regulations made under section 219, see S.I. 2005/3334.

(28)

2013 c. 13.