The Proposed Marriages and Civil Partnerships (Waiting Period) Regulations 2015

JurisdictionUK Non-devolved
CitationSI 2015/159

2015No. 159

MARRIAGE, ENGLAND AND WALES

CIVIL PARTNERSHIP, ENGLAND AND WALES

IMMIGRATION

The Proposed Marriages and Civil Partnerships (Waiting Period) Regulations 2015

2ndFebruary2015

2ndMarch2015

The Secretary of State, in exercise of the powers conferred by sections 31(5ED) and 74(3) of the Marriage Act 1949( 1) and sections 12(7) and 258(2) of the Civil Partnership Act 2004( 2), and having consulted the Registrar General( 3), makes the following Regulations:

Citation and commencement

1.-(1) These Regulations may be cited as the Proposed Marriages and Civil Partnerships (Waiting Period) Regulations 2015.

(2) They come into force on 2nd March 2015.

Proposed marriage: application to reduce 28 or 70 day period

2.-(1) An application made to the Secretary of State under section 31(5A), and in accordance with section 31(5EA), of the 1949 Act( 4) must be made-

(a) by a party to the proposed marriage,(b) on form 1 in Schedule 1 if notice of marriage was given in England or form 1W in Schedule 2 if notice was given in Wales, together with any supporting evidence, and(c) by giving the form and any supporting evidence to the superintendent registrar to whom notice of marriage was given by the party.

(2) The application must be accompanied by the fee (if any).

(3) In this regulation-

"1949 Act" means the Marriage Act 1949,

"fee" means the fee specified in an order made under section 31(5F) of the 1949 Act( 5).

Proposed civil partnership: application to shorten the 28 or 70 day period

3.-(1) An application made to the Secretary of State under section 12(1), and in accordance with section 12(4), of the 2004 Act( 6) must be made-

(a) by a party to the proposed civil partnership,(b) on form 2 in Schedule 3 if notice of the proposed civil partnership was given in England or form 2W in Schedule 4 if notice was given in Wales, together with any supporting evidence, and(c) by giving the form and any supporting evidence to the registration authority to which notice was given by the party.

(2) The application must be accompanied by the fee (if any).

(3) In this regulation-

"2004 Act" means the Civil Partnership Act 2004,

"fee" means the fee specified in an order made under section 34(1)(b) of the 2004 Act( 7).

Further information or evidence

4.-(1) The Secretary of State may request further information or evidence from a party for the purposes of determining an application mentioned in regulation 2 or 3.

(2) In this regulation "party" means the party to the proposed marriage or (as the case may be) civil partnership who has made the application.

James Brokenshire

Minister of State

Home Office

2nd February 2015

SCHEDULE 1

Regulation 2

SCHEDULE 2

Regulation 2

SCHEDULE 3

Regulation 3

SCHEDULE 4

Regulation 3

EXPLANATORY NOTE

(This note is not part of the Regulations)

Part 4 of the Immigration Act 2014 (c. 22)("the 2014 Act") establishes a scheme for the referral of proposed marriages and civil partnerships to the Secretary of State, who must decide whether to investigate whether the proposed marriage or...

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