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The Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc.) Regulations 2015

Consolidated Text Cited authorities 49 Cited in Amendments 4 Related
Vincent
JurisdictionUK Non-devolved
CitationSI 2015/397
Year2015
(1) These Regulations may be cited as the Proposed Marriages and Civil Partnerships (Conduct of Investigations, etc.) Regulations 2015.(2) They come into force on 1st March 2015.(1) In these Regulations—
  • “2014 Act” means the Immigration Act 2014;
  • “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom in which a relevant party is resident, unless a relevant party is not resident in the United Kingdom in which case it means a day which is a bank holiday under that Act in any part of the United Kingdom;
  • “detained” means detained—
    • (a) under the Immigration Act 1971 , under section 62 of the Nationality, Immigration and Asylum Act 2002 or under section 36 of the UK Borders Act 2007 , or
    • (b) in a prison or other place to which the Prison Act 1952 , the Prisons (Scotland) Act 1989 or the Prisons Act (Northern Ireland) 1953 applies;
  • “Home Office premises” means—
    • (a) in relation to premises in the United Kingdom, premises used by Home Office staff for the purposes of Home Office business, and
    • (b) in relation to premises outside the United Kingdom, premises used by Home Office staff or F17Foreign, Commonwealth and Development Office staff for the purposes of Home Office business,
    whether or not those premises are also used for other purposes;
  • “normal office hours”, in relation to when an interview may take place means—
    • (a) where a relevant party is in the United Kingdom, the hours between 9.00 am and 6.00 pm on a working day,
    • (b) where a relevant party is in a country or territory outside the United Kingdom, such hours as are normally regarded as normal office hours on a day which is normally regarded as a working day in that country or territory;
  • “specified requirement” has the meaning given by regulation 14;
  • “working day” (other than in paragraph (b) of the definition of “normal office hours”) means a day other than a Saturday, a Sunday, Good Friday, Christmas day or a bank holiday.
(2) In these Regulations a reference to evidence, where that is in the form of a document, means (subject to paragraph (3) and regulation 12(6) (d) ) the original document, and “document” means anything in which information of any description is recorded or stored.(3) Where the document is an electronic document, it means the record which is accessible to the relevant party whether on a mobile device, other handheld device or personal computer.(1) An investigation (2) When carrying out an investigation the Secretary of State may make such enquiries as the Secretary of State thinks fit for the purpose of determining whether a proposed marriage or civil partnership is a sham.himself or herself (including his or her identity) ;the other relevant party;his or her relationship with the other relevant party;his or her living arrangements and those of the other relevant party;his or her future plans and those of the other relevant party.(1) This regulation applies to interviews conducted by the Secretary of State in accordance with regulations 6 to 10.(2) As part of an investigation the Secretary of State may require a relevant party to be interviewed.(3) The Secretary of State may require a relevant party to be interviewed on his or her own, together with the other relevant party, or both.in person at the relevant party's home;in person at the other relevant party's home (if different) ;in person at Home Office premises;by telephone, by video-telecommunications link or over the internet (where the relevant party must be present at Home Office premises) ;by telephone, by video-telecommunications link or over the internet (where the relevant party may be elsewhere) ;in person at Home Office premises;by telephone, by video-telecommunications link or over the internet (where the relevant party must be present at Home Office premises) ;by telephone, by video-telecommunications link or over the internet (where the relevant party may be elsewhere) .(5) A relevant party may also be required to attend an interview while he or she is detained.(6) A relevant party may be required to attend more than one interview.(7) Unless paragraph (8) or (9) applies, an interview must take place during normal office hours.(8) This paragraph applies where a relevant party (or, as the case may be, both relevant parties) agrees that an interview may take place outside normal office hours.(9) This paragraph applies where an interview is commenced

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