Paragraph 4 Effect of reducing statutory periodF1
Where—
either—
a district registrar is authorised to issue a Marriage Schedule under section 6(4)(a) (including as modified under paragraph 3), or
an authorised registrar is authorised to solemnise a marriage under section 19(1)(b) (including as modified under paragraph 3), and
the authorisation mentioned in sub-paragraph (i) or, as the case may be, (ii) of paragraph (a) is given at a time when the duty under section 6(1) to complete a Marriage Schedule in respect of the referred marriage has not arisen in accordance with paragraph 2,
the duty under section 6(1) to complete the Marriage Schedule arises on the giving of the authorisation, subject to any other requirements applicable to the completion of the Schedule being met.
But the requirements of paragraph 2 are not applicable in such a case.
The Secretary of State is not prevented from deciding to conduct, conducting, or continuing, an investigation if a Marriage Schedule is completed or, as the case may be, issued or the marriage solemnised, as mentioned in sub-paragraph (1).
But in such a case, nothing in the 2014 Act requires the Secretary of State to decide whether to conduct, or to continue, an investigation.
In this paragraph “investigation” means an investigation, conducted following a decision by the Secretary of State under section 48 of the 2014 Act, whether a proposed marriage is a sham.
Annotations
Textual amendments
- F1
Sch. 1A inserted (1.3.2015) by The Referral and Investigation of Proposed Marriages and Civil Partnerships (Scotland) Order 2015 (S.I. 2015/396), art. 1(2), Sch. 1 para. 3 (with art. 1(3)(4))