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Section 31A Appeal on refusal under section 31(2)(a) or 31ZA.C2F16C1F1

England and Wales

(1)

If, relying on section 31(2)(a) F2or 31ZA, a superintendent registrar refuses to issue a F3marriage schedule, the parties to the marriage may appeal to the Registrar General.

(2)

On such an appeal, the Registrar General must—

(a)

confirm the refusal; or

(b)

direct that a F4marriage schedule be issued.

(F52A)

In a case where—

(a)

in reliance on section 31ZA, a superintendent registrar refuses to issue a F6marriage schedule, and

(b)

on an appeal against the refusal, the Registrar General directs that a marriage schedule be issued,

section 31ZA(2) is of no effect — and is to be taken to have never had any effect — in relation to the parties' giving of notice under section 27.

(3)

If—

(a)

relying on section 31(2)(a), a superintendent registrar refuses to issue a F7marriage schedule as a result of a representation made to him, and

(b)

on an appeal against the refusal, the Registrar General declares the representation to have been frivolous and to be such that it ought not to obstruct the issue of a F8marriage schedule,

the person making the representation is liable for the costs of the proceedings before the Registrar General and for damages recoverable by the F9parties making the appeal.

(F103A)

If—

(a)

relying on section 31ZA, a superintendent registrar refuses to issue a F11marriage schedule, and

(b)

on an appeal against the refusal, the Registrar General declares the appeal to have been frivolous,

the F12parties making the appeal are liable for the costs of the proceedings before the Registrar General.

(4)

For the purpose of enabling a person to recover any F13costs and damages in accordance with subsection (3) or (3A), a copy of the declaration of the Registrar General purporting to be sealed with the seal of the General Register Office is evidence that the Registrar General has declared the representation to have been frivolous and to be such that it ought not to obstruct the issue of a F14marriage schedule F15(in the case of subsection (3)) or evidence that the Registrar General has declared the appeal to have been frivolous (in the case of subsection (3A)).

Annotations

Textual amendments

F1

S. 31A and sidenote inserted (1.1.2001) by 1999 c. 33, s. 163(2); S.I. 2000/2698, art. 2

F2

Words in s. 31A(1) inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 11(3)(b) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)

F3

Words in s. 31A(1) substituted (19.4.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2)(8)(c), Sch. 1 para. 22(2) (with Sch. 2)

F4

Words in s. 31A(2)(b) substituted (19.4.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2)(8)(c), Sch. 1 para. 22(3) (with Sch. 2)

F5

S. 31A(2A) inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 11(3)(c) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)

F6

Words in s. 31A(2A) substituted (19.4.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2)(8)(c), Sch. 1 para. 22(4) (with Sch. 2)

F7

Words in s. 31A(3)(a) substituted (19.4.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2)(8)(c), Sch. 1 para. 22(5)(a) (with Sch. 2)

F8

Words in s. 31A(3)(b) substituted (19.4.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2)(8)(c), Sch. 1 para. 22(5)(b) (with Sch. 2)

F9

Words in s. 31A(3) substituted (19.4.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2)(8)(c), Sch. 1 para. 22(5)(c) (with Sch. 2)

F10

S. 31A(3A) inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 11(3)(d) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)

F11

Words in s. 31A(3A)(a) substituted (19.4.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2)(8)(c), Sch. 1 para. 22(6)(a) (with Sch. 2)

F12

Words in s. 31A(3A) substituted (19.4.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2)(8)(c), Sch. 1 para. 22(6)(b) (with Sch. 2)

F13

Words in s. 31A(4) substituted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 11(3)(e)(i) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)

F14

Words in s. 31A(4) substituted (19.4.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2)(8)(c), Sch. 1 para. 22(7) (with Sch. 2)

F15

Words in s. 31A(4) inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 11(3)(e)(ii) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)

F16

Words in s. 31A title inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 11(3)(a) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)

Modifications

C1

Ss. 29-31A applied (with modifications) (4.5.2021) by 1956 c. 79, s. 1(3) (as amended by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 53(2) (with Sch. 2))

C2

Pt. 3 applied (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), ss. 1(2)(a), 21(3); S.I. 2014/93, art. 3(a)

Notes on Part III

Textual amendments

F1

Words in Pt. 3 heading substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 9 (with Sch. 2)

Modifications

C1

Pt. III applied (S.) as to issue of certificates for marriage by Marriage (Scotland) Act 1956 (c. 70), s. 1(3)

Notes on Issue of a marriage schedule

Textual amendments

F1

Words in s. 26 cross-heading substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 10 (with Sch. 2)