The Registration of Marriages Regulations 2015

JurisdictionUK Non-devolved
CitationSI 2015/207

2015No. 207

REGISTRATION OF BIRTHS, DEATHS, MARRIAGES ETC., ENGLAND AND WALES

The Registration of Marriages Regulations 2015

5thFebruary2015

2ndMarch2015

The Registrar General, in exercise of the powers conferred by sections 27(1)( 1), 27A(3), (4) and (7)( 2), 27B(2)(b)( 3), 28G(1) and (3)( 4), 31(2), (5), (5D)( 5), 35(1)( 6), 55(1), 57(2), 74(1)(b) and (3)( 7) and 76(5) of the Marriage Act 1949, sections 2(1), 7 and 18 of the Marriage (Registrar General's Licence) Act 1970( 8), and section 20(a) of the Registration Service Act 1953( 9) as extended by section 26(3) of the Welsh Language Act 1993( 10), and with the approval of the Secretary of State( 11), makes the following Regulations:

PART 1

General

Citation and commencement

1. These Regulations may be cited as the Registration of Marriages Regulations 2015 and come into force on 2nd March 2015.

Interpretation

2.-(1) In these Regulations-

"the Act" means the Marriage Act 1949;

"1970 Act" means the Marriage (Registrar General's Licence) Act 1970;

"entry" (unless the context otherwise requires), means a record of the particulars relating to a marriage completed in the appropriate places in form 15;

"occupation" includes rank or profession.

(2) In these Regulations, any reference to a numbered form is to the form bearing that number in Schedule 1, and any reference to a numbered column on a form, is to the column bearing that number on that form.

Completion of forms

3.-(1) Forms 1(w) to 6(w), 9(w) to 12(w) and 15(w) in Schedule 1 must be completed in English and must also be completed in Welsh if-

(a) in the case of-

(i) forms 1(w) to 6(w), 9(w), 11(w) and 12(w), the party giving notice of the marriage, and

(ii) form 10(w), the person making the declaration

so elects, and provides the required particulars in both languages, and the person by whom the notice, or as the case may be the declaration, is attested can understand and write Welsh;

(b) in the case of form 15(w), the parties to the marriage so elect and provide the required particulars in both languages, and the person who registers the marriage can understand and write Welsh.

(2) Where a form of words set out in column 1 of Schedule 2 to these Regulations is used in completing a form in English, the corresponding form of words set out in column 2 must be used where the form is also completed in Welsh.

PART 2

Preliminaries to Marriage

Forms of notice of marriage

4.-(1) The form of notice of marriage to be given by each party to the marriage under section 27(1) of the Act( 12) where-

(a) both parties are relevant nationals( 13) and where-

(i) both parties are aged 18 or over, is form 1 if attested in England, or form 1(w) if attested in Wales; or

(ii) either party is, or both parties are, aged under 18, is form 2 if attested in England, or form 2(w) if attested in Wales.

(b) either party is not, or neither party is, a relevant national and where-

(i) both parties are aged 18 or over, is form 3 if attested in England, or form 3(w) if attested in Wales; or

(ii) either party is, or both parties are, aged under 18, is form 4 if attested in England, or form 4(w) if attested in Wales.

(2) The form of notice of marriage to be given by either party to the marriage under section 2(1) of the 1970 Act is form 5 if attested in England, or form 5(w) if attested in Wales.

Endorsement on notice of marriage

5. The form of endorsement on the notice of marriage to be made under section 35(1) of the Act( 14) (in respect of an intended marriage in a registration district in which neither party to the marriage resides) is form 6 if the notice is attested in England, or form 6(w) if attested in Wales.

Statements and particulars for intended marriage of housebound or detained person

6.-(1) The form of medical statement to be given under section 27A(2) of the Act( 15) is form 7 concerning a person housebound in England, or form 7(w) concerning a person housebound in Wales.

(2) The form of statement to be made in relation to a detained person under section 27A(3) of the Act is form 8 concerning a person detained in England, or form 8(w) concerning a person detained in Wales.

(3) The form of the particulars of the person by or before whom the marriage is to be solemnized, which is to be given under section 27A(4) of the Act, is form 9 in relation to a marriage intended to be solemnized in England, or form 9(w) in relation to a marriage intended to be solemnized in Wales.

Declaration for intended marriage of certain persons related by affinity

7.-(1) The form of declaration to be made by each of the persons to be married, in accordance with section 27B(2)(b) of the Act( 16), is form 10 in relation to a marriage intended to be solemnized in England, or form 10(w) in relation to a marriage intended to be solemnized in Wales.

(2) A declaration mentioned in paragraph (1) must be signed by the person making it in the presence of the superintendent registrar, who must then sign the declaration as witness and add his or her description.

(3) The superintendent registrar referred to in paragraph (2) is the superintendent registrar to whom notice of the marriage is required to be given by the person making the declaration.

Specified Evidence

8.-(1) Schedule 3 has effect to specify-

(a) evidence of a person's relevant nationality, for the purposes of sections 8(1)(b)( 17) and 16(1C)( 18) of the Act (see paragraph 2 of Schedule 3);

(b) evidence of a person's name, surname, and date of birth, for the purposes of section 28B(1)(a) and (b)( 19) of the Act, and a person's nationality, for the purposes of section 28B(1)(d) of the Act (see paragraph 3 of Schedule 3);

(c) evidence of a person's place of residence, for the purposes of section 28B(1)(c) of the Act (see paragraph 4 of Schedule 3); and

(d) evidence of the ending of a person's previous marriage or civil partnership, for the purposes of section 28B(2) of the Act (see paragraph 5 of Schedule 3).

Application to reduce the 28 day waiting period

9.-(1) An application under section 31(5A) of the Act( 20) to reduce the 28 day waiting period must be made-

(a) by a party to the marriage;

(b) to the superintendent registrar to whom that party has given notice of marriage;

(c) on form 11 if the notice is given in England, or form 11(w) if the notice is given in Wales, together with any evidence which supports the reason given in the form for applying for a reduction in the 28 day period;

and must be accompanied by the fee.

(2) The superintendent registrar must immediately forward the completed application and the fee paid to the Registrar General.

(3) If, on receipt of a completed application, the Registrar General requires further information (which may include documents), before making his or her decision, the Registrar General may-

(a) request that the superintendent registrar who forwarded the completed application obtain the information from the applicant and forward it to the Registrar General; or

(b) request it from the applicant.

(4) After the Registrar General has considered the completed application and any further information obtained, and is satisfied that there are, or are not, as the case may be, compelling reasons for reducing the 28 day period, the Registrar General must notify that decision to the applicant and to the superintendent registrar who forwarded the completed application.

(5) In this regulation-

"applicant" means the person seeking a reduction in the 28 day period;

"completed application" means the completed form 11 (or form 11(w) as the case may be) together with any evidence referred to in paragraph (1)(c); and

"fee" means the fee as specified (if one is so specified) in an order under section 31(5F) of the Act( 21).

Authorities for marriage issued by a superintendent registrar and by the Registrar General

10.-(1) The form of certificate for marriage to be issued under section 31(2) of the Act( 22) is form 12 if the certificate is issued in England, or form 12(w) if the certificate is issued in Wales.

(2) The form of the Registrar General's licence for marriage to be issued under section 7 of the 1970 Act is form 13.

Form of instructions for solemnization of a marriage in a registered building without the presence of a registrar

11. The form of instructions to be given under section 31(5) of the Act( 23) is form 14 if the certificate for marriage is issued in England, or form 14(w) if the certificate is issued in Wales.

PART 3

Registration of Marriage

Form of registration of particulars and place of registration

12.-(1) The form of registration of the particulars relating to a marriage pursuant to section 55(1) of the Act is Part 1 of form 15 in relation to a marriage solemnized in England, or form 15(w) in relation to a marriage solemnized in Wales, together with the form of attestation in Part 2 of that form which is appropriate to the place and manner of solemnization.

(2) Where a registrar is required to register the marriage, the registrar must register it immediately after the solemnization of the marriage and in accordance with the provisions of this Part, within the premises where it was solemnized.

Manner of registration

13.-(1) Where a registrar is required to register the marriage the registrar must, subject to paragraph (5), enter the particulars required in each column of Part 1 of form 15 (or form 15(w) as the case may be).

(2) In column 4 the registrar must enter the condition of the parties to the marriage in the following manner-

(a) if a party has not previously been married or formed a civil partnership, enter the word "Single";

(b) if a party's previous marriage was terminated by death, enter the word "Widower" or "Widow", as the case may be;

(c) if a party's previous civil partnership was terminated by death, enter the words "Surviving civil partner";

(d) if a party's previous marriage was annulled on the ground that the marriage was voidable, enter the words "Previous marriage annulled";

(e) if a...

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