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The Consular Marriages and Marriages under Foreign Law (No. 2) Order 2014 in Northern Ireland

S.I. 2014/3265 · Made 10 December 2014 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 27 February 2023.

This Statutory Instrument has been printed to correct defects in SI 2014/1110 and is being issued free of charge to all known recipients of that Statutory Instrument.

Marriage

Made 10th December 2014

Coming into force in accordance with article 1

At the Court at Buckingham Palace, the 10th day of December 2014

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 13(1) of, and paragraphs 1, 2, 7, 13 and 14 of Schedule 6 to, the Marriage (Same Sex Couples) Act 2013f1, is pleased, by and with the advice of Her Privy Council, to make the following Order.

In accordance with paragraph 13(1) of Schedule 6 to that Act a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament.

In accordance with paragraph 13(2) of Schedule 6 to that Act the Scottish Ministers have been consulted.

Annotations to the whole text

Footnotes

f1

2013 c. 30.

Contents

  1. Part 1: Introductory
  2. 1Article 1
  3. Part 3: Marriage under Foreign Law
  4. 14Application for a certificate of no impediment to the superintendent registrar
  5. 15Issuing a certificate of no impediment by the superintendent registrar
  6. 16Application for a consular certificate of no impediment
  7. 17Issuing a consular certificate of no impediment
  8. Part 4: Revocations and consequential amendments
  9. 18Revocations
  10. 19Amendments to the Consular Fees Order 2012
  11. 20Article 20
  12. 21Article 21
  13. Signature
  14. Explanatory note

1I1

(1)

This Order may be cited as the Consular Marriages and Marriages under Foreign Law (No. 2) Order 2014 and comes into force on the day after the day on which it is made.

(2)

In this Order—

  • “the Act” means the Marriage (Same Sex Couples) Act 2013;

  • “registration officer” has the same meaning as in paragraph 6 of Schedule 6 to the Act.

F1(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14Application for a certificate of no impediment to the superintendent registrarI1

(1)

Any United Kingdom national (N) (if resident in England and Wales) who wishes to be married in a country or territory outside the United Kingdom which is not included in Schedule 3 to the British Nationality Act 1981f1 where the law of that country or territory requires N to obtain a certificate of no impediment to be issued by the domestic authorities in the United Kingdom may make an application for such a certificate to the superintendent registrar in England and Wales.

(2)

An application under paragraph (1) must be made to the superintendent registrar of the registration district in which N is resident and has resided in for no less than the period immediately preceding the application as would be required in order to give notice of marriage in England and Wales.

(3)

An application under paragraph (1) must be accompanied by—

(a)

a notice, which must be dated and signed by N, containing the following details in relation to each of the parties to the proposed marriage—

(i)

forenames;

(ii)

surname;

(iii)

nationality;

(iv)

date of birth;

(v)

sex;

(vi)

address;

(vii)

marital condition;

(viii)

occupation;

(b)

a declaration signed by N that—

(i)

N is resident and has resided in the registration district in which notice is given for no less than the same period immediately preceding the giving of the notice as would be required if the marriage were to be solemnized in England and Wales;

F1(ii)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)

N believes there to be no impediment to the marriage such that the marriage would be void under section 1 of the Marriage Act 1949f2 or otherwise.

15Issuing a certificate of no impediment by the superintendent registrarI1

(1)

The superintendent registrar must retain every notice and declaration made under article 15 and display a copy of the notice in a conspicuous place for the same period preceding the issuing of the certificate of no impediment as would be required if the marriage were to be solemnized in England and Wales.

(2)

The superintendent registrar must, upon payment of a fee, issue a certificate of no impediment unless the superintendent registrar considers there is reason to believe there would be an impediment to the marriage if it were to take place in England and Wales.

(3)

The fee payable under paragraph (2) shall be the same fee as is for the time being payable for F1recording a notice of marriage under section 27(4)(b) of the Marriage Act 1949.

16Application for a consular certificate of no impedimentI1

(1)

Any United Kingdom national (N) who wishes to enter into a marriage in a country or territory outside the United Kingdom which requires a consular certificate of no impediment to be issued may apply for a certificate of no impediment to the registration officer nominated by the Secretary of State for the purposes of this article in respect of the country or territory in which the marriage is to be registered.

(2)

An application under paragraph (1) must be accompanied by —

(a)

a notice, which must be signed and dated by N, containing the following details in relation to each of parties to the proposed marriage—

(i)

forenames;

(ii)

surname;

(iii)

nationality;

(iv)

date of birth;

(v)

sex;

(vi)

address;

(vii)

marital condition;

(b)

a declaration signed by N that—

(i)

N has been resident in the country or territory in which the notice is being given for a period of at least three days immediately preceding the giving of the notice;

(ii)

F1if N is under the age of eighteen years and the relevant part of the United Kingdom is Northern Ireland, that the consent of the persons whose consent to the marriage is required by law has been obtained, or that there is no person having authority to give that consent, as the case may be;

(iii)

N believes there to be no impediment to the marriage such that the marriage would be void under section 1 of the Marriage Act 1949, section 2 of the Marriage (Scotland) Act 1977, article 18 of the Family Law (Miscellaneous Provisions) (Northern Ireland) Order 1984f1 or otherwise.

(3)

The notice detailed in paragraph (2)(a) and the declaration detailed in paragraph (2)(b) must be signed in the presence of any person authorised to witness the signature in the country or territory in which the marriage is to be registered or the registration officer responsible for the consular district in which the marriage is to be registered.

(4)

A person witnessing the signature under paragraph (3) must also sign and date the notice and declaration with a statement that they have witnessed the signature.

17Issuing a consular certificate of no impedimentI1

(1)

The registration officer must retain every notice and declaration made under article 17 and must display a true copy of the notice in a conspicuous place in the consular district of the registration officer for a period of seven consecutive days preceding the issuing of a certificate of no impediment.

(2)

A registration officer may request any further information from N which the registration officer considers to be relevant to the decision whether to issue a certificate of no impediment.

(3)

Where an application is made in accordance with article 14, the registration officer must issue a certificate of no impediment unless the registration officer considers there is reason to believe that there would be an impediment to the marriage taking place if it were to take place in England and Wales, Scotland or Northern Ireland.

18RevocationsI1

The Consular Marriages and Marriages under Foreign Law Order 2014f1 is revoked.

19Amendments to the Consular Fees Order 2012I1

The Consular Fees Order 2012f1 is amended as follows.

20I1

In article 3 for “marriage officers under the Foreign Marriage Act 1892 and the Marriage with Foreigners Act 1906” substitute “marriage officers under the Foreign Marriage Act 1892 or registration officers under the Consular Marriages and Marriages under Foreign Law (No. 2) Order 2014”.

21I1

In entry 12 in the table in Part 1 of Schedule 1 to the Order after “Foreign Marriages Acts 1892 and 1947” insert “or Consular Marriages and Marriages under Foreign Law (No. 2) Order 2014”.

Signature

Richard Tilbrook

Clerk of the Privy Council

Explanatory note

(This note is not part of the Order)

This Order revokes and replaces (with some technical amendments) the Consular Marriages and Marriages under Foreign Law Order 2014 (S.I. 2014/1110 “the original order”).

This Order is made under Schedule 6 of the Marriage (Same Sex Couples) Act 2013 which empowers Her Majesty, by Order in Council, to make provision for two people to marry in countries or territories outside the United Kingdom in the presence of a registration officer (consular official). Schedule 6 also empowers Her Majesty, by Order in Council, to make provision for the issuing of certificates of no impediment where a marriage is to take place under foreign law.

Part 2 of this Order sets out the process for consular marriages, which are those conducted by registration officers. Article 2 provides that consular marriages may only take place in those territories or countries which have notified the Secretary of State that they do not object to such marriages. This enables countries or territories to specify that they do not permit certain types of marriage, for example those marriages involving one of their own nationals, or marriages of couples of the same sex.

Article 4 sets out a residency requirement of seven days before the notice of intention to marry can be made. Article 4 also sets out the details which must be included in a notice of intention to marry. This includes the part of the United Kingdom, which must be either England and Wales or Scotland, which the parties have jointly elected as the relevant part of the United Kingdom. The relevant part of the United Kingdom determines the law under which the parties will be married and the conditions governing that marriage. Consular marriages under this Order may only be solemnized according to the law of England and Wales or the law of Scotland. Consular marriages solemnized according to the law of Northern Ireland will continue to be conducted under the Foreign Marriage Act 1892 and the Foreign Marriage Order 1970. Article 4 stipulates that the notice must be displayed for 14 days in a conspicuous place. This enables objections to be entered.

Article 5 makes provision for consent to be provided or withheld according to the law of the relevant part of the United Kingdom. Article 6 makes provision for entering an objection to the proposed marriage. Article 7 provides that once a marriage notice has been issued, the marriage must take place within 3 months otherwise the marriage will not be valid.

Article 8 sets out the oath that must be made by each party to the marriage before the marriage is solemnized and article 9 makes provision about the solemnization of the marriage itself.

Article 10 makes provision about keeping a register of marriage and sending copies of this register to the Registrar General for England and Wales (who will forward on any entries of marriages solemnized under the law of Scotland to the Registrar General for Scotland). It also ensures that fees can be charged in relation to certified copies issued by Registrar Generals.

Article 11 provides that once a consular marriage has been solemnized, this is to be accepted as conclusive proof that the requirements were complied with in relation to the marriage. Article 12 gives the Secretary of State the discretion to waive certain requirements if there is good reason to do so. Article 13 makes provision for an appeal against a registration officer’s decision to refuse to marry two people on the basis that to do so would be inconsistent with international law or the comity of nations.

Part 3 of the Order makes provision about certificates of no impediment where these are required under foreign law to be produced before a British National may marry under that law. Articles 14 and 15 contain provisions for Superintendent Registrars (in England and Wales – Scotland and Northern Ireland have separate legislative provision) to issue certificates of no impediment for overseas marriages. Article 14 contains the details of information required in an application and article 15 provides for fees to be paid and the application notice to be displayed in a conspicuous place. Articles 16 and 17 contain provisions enabling consular certificates of no impediment to be issued; article 16 sets out a residency requirement of three days before a British National may make an application for a certificate of no impediment. Article 16 also sets out the details required in the application notice. Article 17 provides that the application notice must be displayed for seven days in a conspicuous place. This enables objections to be made. The registration officer cannot issue a certificate if there is any reason to believe that the certificate should not be issued.

Part 4 of the Order contains revocations and makes consequential amendments.