Explanatory note

These Regulations bring into force section 75(1), (2), (3)(b) to (d) and (4) of the Victims and Prisoners Act 2024, which amends the Marriage Act 1949 (c. 76) and the Matrimonial Causes Act 1973 (c. 18), and section 76(1) to (6), (8) and (9) of the Victims and Prisoners Act 2024, which amends the Civil Partnership Act 2004 (c. 33).

Sections 75 and 76 amend the Marriage Act 1949 and Civil Partnership Act 2004 respectively to prohibit prisoners subject to whole life orders from marrying or entering into civil partnerships unless they have permission from the Secretary of State (who may only give permission for a whole life prisoner to marry if satisfied that this is justified by exceptional circumstances).

Sections 75 and 76 also make further various amendments to the Marriage Act 1949 and the Civil Partnership Act 2004 respectively, to ensure that registrars have all the information they need at the point they consider an application to marry or enter into a civil partnership, and to clarify the relevant procedure.

Finally, Section 75 amends the Marriage Act 1949 and the Matrimonial Causes Act 1973, to establish that if a prisoner subject to a whole life order does manage to marry without written permission from the Secretary of State, their marriage will not be legally valid.

An impact assessment has not been produced for this statutory instrument as no significant impact on the private, voluntary or public sectors is foreseen.