[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]
	United Kingdom Statutory Instruments
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Registration of Births, Deaths and Marriages (Amendment) Regulations 2005 No. 3177 URL: http://www.bailii.org/uk/legis/num_reg/2005/20053177.html

[New search] [Help]

Amendment of the Registration of Marriages Regulations 1986
     3. —(1) The Registration of Marriages Regulations 1986[7] are amended as follows.

    (2) In regulation 11(2) (manner of registration)—

(a) in sub-paragraph (a), for the words ", he shall enter" to the end substitute "or formed a civil partnership, he shall enter the word "Single";";

(b) after sub-paragraph (b) insert—


" (ba) if a party's previous civil partnership was terminated by death, he shall enter the words "Surviving civil partner";";



(c) after sub-paragraph (c) insert—



" (ca) if a party's civil partnership was annulled on the grounds that the civil partnership was voidable, he shall enter the words "Previous civil partnership annulled";";



(d) after sub-paragraph (d) insert—



" (da) if a party's previous civil partnership was terminated by dissolution, he shall enter the words "Previous civil partnership dissolved";";



(e) after sub-paragraph (e) insert—



" (ea) if the marriage is between two parties 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 not withstanding sub-paragraphs (ca) and (da), if the parties specifically request and—


(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 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.".

    (3) In Schedule 1 (prescribed forms)—

(a) in forms 1, 1A, 1B, 1C, 3, 9 and 11 for " Marital status" substitute "Condition";

(b) for form 8, substitute form 8 in Schedule 1 to these Regulations.

Amendment of the Registration of Marriages (Welsh Language) Regulations 1999
     4. —(1) The Registration of Marriages (Welsh Language) Regulations 1999[8] are amended as follows.

    (2) After regulation 2 (forms of notice of marriage and of endorsement on notice) insert—

" 2A Statement for intended marriage of house-bound and detained persons
In relation to a statement for intended marriage concerning a person house-bound in Wales or a person detained in Wales, regulation 5 of the principal Regulations (statements and particulars for intended marriage of house-bound or detained person) shall have effect as if it referred respectively not to forms 5 and 6 in Schedule 1 to those Regulations but to forms 3A and 3B respectively in Schedule 2 to these Regulations.".

    (3) In Schedule 1 (prescribed forms)—

(a) for the list headed "Contents", substitute the list headed "Contents" in Schedule 3 to these Regulations;

(b) in forms 1, 1A, 1B, 1C and 6, for "Marital status Statws priodasol" substitute "Condition Cyflwr";

(c) after form 3, insert forms 3A and 3B as set out in Schedule 2 to these Regulations.

(d) for form 5, substitute form 5 in Schedule 4 to these Regulations.

    (4) In Schedule 2—

in columns 1 and 2, at the beginning, for

"Bachelor	Dyn di-briod
Spinster	Dynes ddi-briod";

substitute—

"Single	Sengl
Previous civil partnership dissolved	Partneriaeth sifil flaenorol wedi'i therfynu
Previous civil partnership annulled	Partneriaeth sifil flaenorol wedi'i dirymu
Surviving civil partner	Partner sifil goroesol
Previously formed a civil partnership at … on …; Civil partnership dissolved on …	Ffurfiwyd partneriaeth sifil o'r blaen yn . . . ar y . . .; terfynwyd y bartneriaeth sifil ar y …
Previously formed a civil partnership at … on …; Civil partnership annulled on …	Ffurfiwyd partneriaeth sifil o'r blaen yn … ar y …; y bartneriaeth sifil wedi'i dirymu ar y …";.

Amendment of the Marriage (Authorised Persons) Regulations 1952
     5. —(1) The Marriage (Authorised Persons) Regulations 1952[9] are amended as follows.

    (2) In regulation 17 (condition)—


(a) in paragraph (a), for the words ", he shall enter the word "Bachelor" or "Spinster", as the case may be" substitute "or formed a civil partnership, he shall enter the word "Single,"Ç;"

(b) after paragraph (a) insert—


" (ab) in the case of a party whose previous civil partnership was terminated by the death of the civil partner, he shall enter the words "Surviving civil partner";";



(c) after paragraph (b) insert—



" (ba) in the case of a party whose previous civil partnership was annulled on the ground that the civil partnership was voidable, he shall enter the words "Previous civil partnership annulled";";



(d) after paragraph (c) insert—



" (ca) in the case of a party whose previous civil partnership was terminated by dissolution, he shall enter the words "Previous civil partnership dissolved";";



(e) after paragraph (d) insert—



" (da) in the case of a marriage between two parties who have previously been through a form of civil partnership with each other, not being a civil partnership which is known to have been void, and of whom neither has since formed a civil partnership with, or married, a third person, then notwithstanding sub-paragraphs (ba) and (ca), if the parties specifically request and—


(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 …" together with particulars of the place and date of 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 …", together with the particulars of the place and date of the previous civil partnership and the date of its annulment.".



Amendment of the Registration of Births and Deaths Regulations 1987
     6. —(1) The Registration of Births and Deaths Regulations 1987[10] are amended as follows.

    (2) In regulation 42(3) (registration within 12 months of the date of death where no report to the coroner), after sub-paragraph (b), insert—



" (ba) where the deceased was a married man or widower, the registrar shall, after his occupation enter the words "Husband [or Widower] of …", inserting the name, surname and occupation of his wife or deceased wife;

(bb) where the deceased was a civil partner or surviving civil partner, the registrar shall, after his occupation enter the words "Civil partner [or Surviving civil partner] of …", inserting the name, surname and occupation of his civil partner or deceased civil partner.".



    (3) In regulation 56(3) (correction of other minor clerical errors after completion), in sub-paragraph (b)(v), after "deceased's husband", insert "or wife or civil partner".

Amendment of the Registration of Births and Deaths (Welsh Language) Regulations 1987
     7. —(1) The Registration of Births and Deaths (Welsh Language) Regulations 1987[11] is amended as follows.

    (2) In Schedule 3 in columns 1, 2 and 3, after "Reg. 42(3)(b)", insert the columns below—



"Reg 42(3)(ba)	Husband of…	Gŵr…
	Widower of …	Gŵr gweddw …
Reg 42(3)(bb)	Civil partner of …	Partner sifil …
	Surviving civil partner of …	Partner sifil goroesol …"


Amendment of the Reporting of Suspicious Marriages and Registration of Marriages (Miscellaneous Amendments) Regulations 2000
     8. —(1) The Reporting of Suspicious Marriages and Registration of Marriages (Miscellaneous Amendments) Regulations 2000[12] is amended as follows.

    (2) In Schedule 1 (information to be provided when reporting a suspicious marriage) for both occurrences of "Marital status" substitute "Condition".



Given under my hand on


Karen Dunnell
Registrar General

15th November 2005



I approve



Signed by authority of the Chancellor of the Exchequer


John Healey
Financial Secretary to the Treasury

15th November 2005





SCHEDULE 1Regulation 3(3)(b)

Form 8



SCHEDULE 2Regulation 4(4)(c)





SCHEDULE 3Regulation 2A


“Prescribed forms


CONTENTS



Form	Relevant Regulation	Description	Statutory Purpose
1	2	Notice of Marriage given by a party who is not subject to immigration control and where both parties are aged 18 or over	Marriage Act 1949, section 27(1)
1A	2	Notice of Marriage given by a party who is not subject to immigration control and where either party is, or both parties are, aged under 18	Marriage Act 1949, section 27(1)
1B	2	Notice of Marriage given by a party who is subject to immigration control and where both parties are aged 18 or over	Marriage Act 1949, section 27(1)
1C	2	Notice of Marriage given by a party who is subject to immigration control and where either party is, or both parties are, aged under 18	Marriage Act 1949, section 27(1)
3	2	Endorsement on notice of marriage	Marriage Act 1949, section 35(1)
3A	2A	Statement by registered medical practitioner	Marriage Act 1949, section 27A(2) and (7)
3B	2A	Statement by responsible authority	Marriage Act 1949, section 27A(3)
4	3	Particulars of person by or before whom marriage intended to be solemnized	Marriage Act 1949, section 27A(4)
5	4	Declaration of marriage of certain persons related by affinity	Marriage Act 1949, section 27B(2)(b)
6	5	Certificate for marriage	Marriage Act 1949, section 31(2)
8	5	Form of instructions	Marriage Act 1949, sections 31(5) and 32(4)
8A	4A	Application to reduce the 15 day waiting period	Marriage Act 1949, section 31(5D)
9	6	Form of marriage entry	Marriage Act 1949, section 55(1)”




SCHEDULE 4




---

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Registration of Marriages Regulations 1986, the Registration of Marriages (Welsh Language) Regulations 1999, the Marriage (Authorised Persons) Regulations 1952, the Registration of Births and Deaths Regulations 1987, the Registration of Births and Deaths (Welsh Language) Regulations 1987 and the Reporting of Suspicious Marriages and Registration of Marriages (Miscellaneous Amendments) Regulations 2000. In particular the Regulations make amendments to registration forms relating to marriage and make other consequential amendments to registration provisions as a result of the Civil Partnership Act 2004.



---

Notes:

[1] 1949 c. 76. Section 27 was amended by the Marriage Act 1983 (c. 32), section 1(7) and Schedule 1 paragraph 5, by the Marriage Act 1994 (c. 34), section 1(3) and the Schedule paragraph 2, by the Immigration and Asylum Act 1999 (c. 33), sections 160(2), 161(1) and (2), 169(1) and (3), Schedule 14 paragraph 8 and Schedule 16 and by S.I. 1997/2939, S.I. 1999/3311 and S.I. 2002/3076.back

[2] 1953 c. 37.back

[3] 1953 c. 20.back

[4] 1970 c. 34.back

[5] 1993 c. 38.back

[6] 1999 c. 33.back

[7] S.I. 1986/1442 as amended by S.I 1995/744, S.I. 1997/2204, S.I. 2000/3164 and S.I. 2005/155.back

[8] S.I. 1999/1621 as amended by S.I. 2000/3164 and S.I. 2005/155.back

[9] S.I. 1952/1869 as amended by S.I. 1965/528, S.I. 1971/1216, S.I .1974/573, S.I. 1986/1444 and S.I. 2000/3164.back

[10] S.I. 1987/2088 as amended by S.I. 1989/497, S.I. 1991/2275, S.I. 1992/2753, S.I. 1994/1948, S.I. 2003/3048 and various other Statutory Instruments.back

[11] S.I. 1987/2089 as amended by S.I. 1988/687, S.I. 1989/511, S.I. 1992/1504, S.I. 1995/818, S.I. 1997/844 and 2003/3048.back

[12] S.I. 2000/3164.back

---


ISBN 0 11 073689 3


 © Crown copyright 2005

Prepared 1 December 2005