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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Proposed Marriages and Civil Partnerships (Waiting Period) Regulations 2015 No. 159 URL: http://www.bailii.org/uk/legis/num_reg/2015/uksi_2015159_en_1.html |
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Statutory Instruments
Marriage, England And Wales
Civil Partnership, England And Wales
Immigration
Made
2nd February 2015
Coming into force
2nd March 2015
1.-(1) These Regulations may be cited as the Proposed Marriages and Civil Partnerships (Waiting Period) Regulations 2015.
(2) They come into force on 2nd March 2015.
2.-(1) An application made to the Secretary of State under section 31(5A), and in accordance with section 31(5EA), of the 1949 Act(4) must be made-
(a)by a party to the proposed marriage,
(b)on form 1 in Schedule 1 if notice of marriage was given in England or form 1W in Schedule 2 if notice was given in Wales, together with any supporting evidence, and
(c)by giving the form and any supporting evidence to the superintendent registrar to whom notice of marriage was given by the party.
(2) The application must be accompanied by the fee (if any).
(3) In this regulation-
"1949 Act" means the Marriage Act 1949,
"fee" means the fee specified in an order made under section 31(5F) of the 1949 Act(5).
3.-(1) An application made to the Secretary of State under section 12(1), and in accordance with section 12(4), of the 2004 Act(6) must be made-
(a)by a party to the proposed civil partnership,
(b)on form 2 in Schedule 3 if notice of the proposed civil partnership was given in England or form 2W in Schedule 4 if notice was given in Wales, together with any supporting evidence, and
(c)by giving the form and any supporting evidence to the registration authority to which notice was given by the party.
(2) The application must be accompanied by the fee (if any).
(3) In this regulation-
"2004 Act" means the Civil Partnership Act 2004,
"fee" means the fee specified in an order made under section 34(1)(b) of the 2004 Act(7).
4.-(1) The Secretary of State may request further information or evidence from a party for the purposes of determining an application mentioned in regulation 2 or 3.
(2) In this regulation "party" means the party to the proposed marriage or (as the case may be) civil partnership who has made the application.
James Brokenshire
Minister of State
Home Office
2nd February 2015
Regulation 2
Regulation 2
Regulation 3
Regulation 3
(This note is not part of the Regulations)
Part 4 of the Immigration Act 2014 (c. 22) ("the 2014 Act") establishes a scheme for the referral of proposed marriages and civil partnerships to the Secretary of State, who must decide whether to investigate whether the proposed marriage or civil partnership is a sham. All proposed marriages or civil partnerships where one party is, or both parties are, not exempt must be referred to the Secretary of State. Exempt persons include (amongst others) those are who are exempt from immigration control and those who have a relevant visa.
Under the Marriage Act 1949 (c. 76) and the Civil Partnership Act 2004 (c. 33), as amended by Part 4 of the 2014 Act, an application to reduce the waiting period(8) for marrying or registering a civil partnership must be made to the Secretary of State, rather than the Registrar General, in a case where the proposed marriage or civil partnership has been referred to the Secretary of State. The waiting period is extended from 28 days to 70 days in cases where the Secretary of State notifies the superintendent registrar or (as the case may be) registration authority of her decision to investigate whether the proposed marriage or civil partnership is a sham.
Regulation 2 sets out the procedure for making an application to reduce the waiting period in the case of a proposed marriage and requires applicants to apply on form 1 in Schedule 1 or (if the party gave notice of marriage in Wales) form 1W in Schedule 2. Regulation 3 sets out the procedure by which a party to a proposed civil partnership can apply to shorten the waiting period and requires applicants to make the application on form 2 in Schedule 3 or (if the party gave notice of proposed civil partnership in Wales) form 2W in Schedule 4.
Pursuant to regulation 4, the Secretary of State may request further information or evidence from the party who made the application in order to determine the application.
An impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.
1949 c. 76; section 31(5ED) was inserted by paragraphs 1 and 10(1) and (3), and section 74(3) by paragraphs 1 and 15, of Schedule 4 to the Immigration Act 2014 (c. 22).
2004 c. 33; section 12(7) was inserted by paragraphs 18 and 23(1) and (3) of Schedule 4 to the Immigration Act 2014.
See section 31(5EE) of the Marriage Act 1949, which was inserted by paragraphs 1 and 10(1) and (3) of Schedule 4 to the Immigration Act 2014, and section 12(8) of the Civil Partnership Act 2004, which was inserted by paragraphs 18 and 23(1) and (2) of Schedule 4 to the Immigration Act 2014.
Section 31(5A) was inserted by section 160(6) of the Immigration and Asylum Act 1999 (c. 33) and amended by paragraphs 1 and 10(1) and (2)(c) of Schedule 4 to the Immigration Act 2014 . Section 31(5EA) was inserted by paragraphs 1 and 10(1) and (3) of Schedule 4 to the Immigration Act 2014. In a case where the Secretary of State notifies the superintendent registrar of his or her decision to investigate whether the proposed marriage is a sham, the waiting period referred to in section 31 of the Marriage Act 1949 is extended from 28 days to 70 days (see the modifications in paragraph 3 of Schedule 3A to the Marriage Act 1949; Schedule 3A was inserted by paragraphs 1 and 9 of Schedule 4 to the Immigration Act 2014).
Section 31(5F) was inserted by section 160(6) of the Immigration and Asylum Act 1999 and amended by S.I. 2008/678. A fee has been specified by virtue of S.I. 2010/441, which was amended by S.I. 2012/760 and S.I. 2014/1790 and is amended by S.I. 2015/117.
Section 12(1) was amended by paragraphs 18 and 23(1) and (2) of Schedule 4 to the Immigration Act 2014 and section 12(4) was inserted by paragraphs 18 and 23(1) and (2) of Schedule 4 to that Act. In a case where the Secretary of State notifies the registration authority of his or her decision to investigate whether the proposed civil partnership is a sham, the waiting period referred to in section 12 of the Civil Partnership Act 2004 is extended from 28 days to 70 days (see the modifications in paragraph 3 of Schedule 3A to the Civil Partnership Act 2004; Schedule 3A was inserted by paragraphs 18 and 25 of Schedule 4 to the Immigration Act 2014).
Section 8(1) was amended by S.I. 2008/678. A fee has been specified by virtue of S.I. 2014 / 1789 and is amended by S.I. 2015/117.
The minimum waiting period was increased from 15 to 28 days by paragraphs 1 and 10 of Schedule 4 to the Immigration Act 2014 (c. 22) in respect of proposed marriages and by paragraphs 18 and 22 of Schedule 4 to that Act in respect of proposed civil partnerships.
