The Consular Marriages and Marriages under Foreign Law Order 2014
| Jurisdiction | UK Non-devolved |
2014No. 1110
MARRIAGE
The Consular Marriages and Marriages under Foreign Law Order 2014
28thApril2014
3rdJune2014
At the Court at Windsor Castle, the 28th day of April 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 2013( 1), 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.
PART 1
Introductory
1. (1) This Order may be cited as the Consular Marriages and Marriages under Foreign Law Order 2014 and comes into force on 3rd June 2014.
(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.
(3) Part 1 and article 17 do not extend to Northern Ireland.
(4) Article 18 extends to Scotland only.
PART 2
Consular marriages
Countries or territories in which consular marriages may take place
2. (1) The marriage of two people may, in accordance with the following provisions of the Order, take place in the presence of a registration officer in a country or territory referred to in paragraph (2), where the registration officer is satisfied that the conditions specified in paragraph 1(2) of Schedule 6 to the Act are met.
(2) A consular marriage may take place in those countries or territories outside the United Kingdom which have notified the Secretary of State in writing that there is no objection to such marriages taking place in that country or territory and which have not subsequently revoked that notice.
Relevant part of the United Kingdom
3. For the purposes of paragraph 1(2)(b) of Schedule 6 to the Act and this Order, the relevant part of the United Kingdom is the part jointly elected by the parties under article 4(4)(a).
Notice of intended marriage
4. (1) Before any marriage can be solemnized under this Order, one of the parties to the proposed marriage must give notice to a registration officer of the parties' intention to marry.
(2) The notice of intention to marry must be given to the registration officer within whose consular district both of the parties have had their residence for the period of seven days ending on the day on which the notice is given.
(3) The notice of intention to marry must contain the following details of each of the parties to the proposed marriage-
(a) forenames;(b) surname;(c) nationality;(d) date of birth;(e) sex;(f) address;(g) marital condition;(4) The notice of intention to marry must also contain the following details-
(a) 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 for the purposes of the marriage; and(b) the date on which the notice was given.(5) The registration officer must retain every notice of intended marriage and must display a true copy of the notice, and the contact details of the person to whom any notice of objection to the proposed marriage should be sent, in a conspicuous place in the consular district of the registration officer for the period of 14 days ending on the day on which the solemnization of the marriage to which the notice relates may take place.
Consent to marriage
5. (1) Where either party to the proposed marriage is under the age of 18 and the relevant part of the United Kingdom is England and Wales then the same consent is required as would be required in respect of a marriage solemnized in England and Wales on the authority of a certificate issued by a superintendent registrar under Part 3 of the Marriage Act 1949( 2).
(2) The Secretary of State may dispense with the requirement to obtain consent if satisfied that it cannot be obtained because of the absence, inaccessibility or disability of the person whose consent is so required.
(3) On a request in person of any person whose consent is required, the registration officer must produce the notice given under article 4(1).
(4) Such person may forbid the solemnization of the marriage referred to in the notice at any time before the marriage has been solemnized by writing the word "forbidden" on the notice, together with the person's name and address and capacity to forbid the marriage.
(5) If a person forbids the proposed marriage to which the notice relates in accordance with paragraph (4), the notice is void and the proposed marriage cannot be solemnized under that notice.
Objection to marriage
6. (1) Any person may enter an objection to a proposed marriage, including by electronic means, by giving notice of the objection in writing to the registration officer to whom the notice of the proposed marriage was given under article 4.
(2) An objection must be signed by the person making it, or on that person's behalf, and must include the person's name, address and ground of objection.
(3) An objection entered by electronic means need not contain the signature of the person making it but must contain a clear statement from that person that it originates from them.
(4) If an objection is entered in accordance with paragraphs (1) to (3) in respect of a proposed marriage, the registration officer must give notice in writing of the objection to the person who gave notice of the proposed marriage under article 4, and the marriage may not be solemnized until either the objection has been withdrawn by the person who made it, or the registration officer is satisfied that the objection should not obstruct the solemnization of the marriage.
(5) The registration office must notify in writing the person who gave notice of the proposed marriage if any objection entered in respect of the proposed marriage under paragraph (1) is withdrawn.
(6) The registration officer must notify in writing the person who has entered the objection and the person who gave notice of the proposed marriage of any...
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