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The Registration of Marriages Regulations 2021

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2021, ISBN 9780348220308

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 5(7) of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 and section 5(7) of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020, for approval by resolution of each House of Parliament.

Exiting The European Union

Immigration

Marriage

Made 2021

Coming into force in accordance with regulation 1

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1 and 5(1), (4) and (5) of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019f1 and section 5 of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020f2.

In accordance with section 5(7) of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 and section 5(7) of the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

The Secretary of State is satisfied for the purposes of section 1(6) of the Civil Partnerships, Marriages and Deaths (Registration etc) Act 2019 that these are the first Regulations to be made under section 1 of that Act.

Annotations to the whole text

Footnotes

f1

2019 c. 12.

f2

2020 c. 20.

Contents

  1. Part 1: Introduction
  2. 1Citation and commencement
  3. 2Extent
  4. 3Interpretation
  5. Part 2: Provision of evidence
  6. 4Amendment of section 28B of the 1949 Act
  7. Part 3: Marriage under marriage schedule
  8. 5Amendment of section 31 of the 1949 Act
  9. Part 4: Registration of marriages
  10. 6Repeal of sections 53 to 62 of the 1949 Act
  11. 7Registration of marriages
  12. Part 5: Amendment of the Marriage of British Subjects (Facilities) Acts 1915 and 1916
  13. 8Amendment of the Marriage of British Subjects (Facilities) Act 1915
  14. 9Amendment of the Marriage of British Subjects (Facilities) Amendment Act 1916
  15. Part 6: Consequential and Transitional Provision
  16. 10Consequential and related amendments
  17. 11Transitional Provision
  18. Signature
  19. Schedule 1: Consequential and related amendments
  20. Part 1: Marriage Act 1949
  21. 1Amendment of Part 1 of the 1949 Act (restrictions on marriage)
  22. 2Amendment of Part 2 of the 1949 Act (marriage according to the rites of the Church of England)
  23. 3Amendment of Part 2 of the 1949 Act (marriage according to the rites of the Church of England)
  24. 4Amendment of Part 2 of the 1949 Act (marriage according to the rites of the Church of England)
  25. 5Amendment of Part 2 of the 1949 Act (marriage according to the rites of the Church of England)
  26. 6Amendment of Part 2 of the 1949 Act (marriage according to the rites of the Church of England)
  27. 7Amendment of Part 2 of the 1949 Act (marriage according to the rites of the Church of England)
  28. 8Amendment of Part 2 of the 1949 Act (marriage according to the rites of the Church of England)
  29. 9Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  30. 10Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  31. 11Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  32. 12Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  33. 13Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  34. 14Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  35. 15Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  36. 16Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  37. 17Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  38. 18Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  39. 19Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  40. 20Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  41. 21Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  42. 22Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  43. 23Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  44. 24Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  45. 25Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  46. 26Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  47. 27Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  48. 28Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  49. 29Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  50. 30Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  51. 31Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  52. 32Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  53. 33Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  54. 34Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  55. 35Amendment of Part 3 of the 1949 Act (marriage under superintendent registrar’s certificate)
  56. 36Amendment of Part 4 of the 1949 Act (registration of marriages)
  57. 37Amendment of Part 4 of the 1949 Act (registration of marriages)
  58. 38Amendment of Part 4 of the 1949 Act (registration of marriages)
  59. 39Amendment of Part 4 of the 1949 Act (registration of marriages)
  60. 40Amendment of Part 4 of the 1949 Act (registration of marriages)
  61. 41Amendment of Part 5 of the 1949 Act (marriages in naval, military, and air force chapels)
  62. 42Amendment of Part 6 of the 1949 Act (general)
  63. 43Amendment of Part 6 of the 1949 Act (general)
  64. 44Amendment of Part 6 of the 1949 Act (general)
  65. 45Amendment of Part 6 of the 1949 Act (general)
  66. 46Amendment of Part 6 of the 1949 Act (general)
  67. 47Amendment of Part 6 of the 1949 Act (general)
  68. 48Amendment of Schedule 3A to the 1949 Act (modifications if proposed marriage referred under section 28H)
  69. 49Amendment of Schedule 4 to the 1949 Act (provisions of Act which are excluded or modified in their application to naval, military and air force chapels)
  70. Part 2: Other primary legislation
  71. 50Amendment of the Perjury Act 1911
  72. 51Amendment of the Census Act 1920
  73. 52Amendment of the City of London (Guild Churches) Act 1952
  74. 53Amendment of the Marriage (Scotland) Act 1956
  75. 54Amendment of the Sharing of Church Buildings Act 1969
  76. 55Amendment of the Family Law Reform Act 1969
  77. 56Amendment of the Marriage (Registrar General’s Licence) Act 1970
  78. 57Amendment of the Parochial Registers and Records Measure 1978
  79. 58Amendment of the Marriage Act 1983
  80. 59Amendment of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004
  81. 60Amendment of the Statistics and Registration Service Act 2007
  82. 61Amendment of the Marriage (Same Sex Couples) Act 2013
  83. 62Amendment of the Immigration Act 2014
  84. Part 3: Secondary legislation
  85. 63Amendment of the Order in Council under the Naval Marriages Act 1908 adapting provisions of Enactments and Rules as to Publication of Banns and Issue of Certificates 1908
  86. 64Amendment of the Marriage (Authorised Persons) Regulations 1952
  87. 65Amendment of the Marriages and Civil Partnerships (Approved Premises) Regulations 2005
  88. 66Amendment of the Marriage of Same Sex Couples (Conversion of Civil Partnership) Regulations 2014
  89. 67Amendment of the Consular Marriages and Marriages under Foreign Law (No. 2) Order 2014
  90. 68Amendment of the Gender Recognition Register (Marriage and Civil Partnership) Regulations 2015
  91. 69Amendment of the Referral of Proposed Marriages and Civil Partnerships Regulations 2015
  92. 70Amendment of the Registration of Marriages Regulations 2015
  93. 71Amendment of the Registration of Births, Deaths, Marriages and Civil Partnerships (Fees) Regulations 2016
  94. 72Amendment of the Births, Deaths, Marriages and Civil Partnerships Records Regulations 2016
  95. Schedule 2: Transitional provision
  96. 1Interpretation
  97. 2Consent given to marriage of persons under eighteen
  98. 3Issue of marriage document before 4th May 2021 for marriage on or after that date
  99. 4Effect of notice of marriage given before 4th May 2021
  100. 5Effect of caveat entered before 4th May 2021
  101. 6Effect of forbidding before 4th May 2021 in relation to the issue of a certificate by a superintendent registrar
  102. 7Effect of forbidding before 4th May 2021 in relation to the issue of a certificate on board one of Her Majesty’s ships
  103. 8Issue of marriage schedule before 4th May 2021 for marriage on or after that date
  104. 9Appeal on refusal to issue a certificate for a marriage to be solemnized on or after 4th May 2021
  105. 10Effect of notices of marriage given before 4th May 2021 on board Her Majesty’s ships
  106. 11Effect of certificates issued before 4th May 2021 on board Her Majesty’s ships
  107. 12Registration of marriage solemnized before 4th May 2021 on or after that date
  108. 13First quarterly return after 4th May 2021
  109. 14Prosecution of offence of failure to make quarterly return
  110. 15Period of validity of Registrar General’s licence and offence of solemnization of marriage after one month from date of entry of notice
  111. 16Marriage of British Subjects (Facilities) Act 1915 and Marriage of British Subjects (Facilities) Amendment Act 1916
  112. 17Marriage of British Subjects (Facilities) Act 1915 and Marriage of British Subjects (Facilities) Amendment Act 1916
  113. 18Marriage of British Subjects (Facilities) Act 1915 and Marriage of British Subjects (Facilities) Amendment Act 1916
  114. 19Marriage (Scotland) Act 1956
  115. 20Operation of section 16 or 17 of the Interpretation Act 1978
  116. 21Correction of completed entries in marriage register books
  117. Explanatory note