The Registration of Marriages (Amendment) Regulations 2009

Made: 20th October 2009

Coming into force: 16th November 2009

The Registrar General, in exercise of the powers conferred by sections 27(1)[^f00001], 31(2)[^f00002], 74[^f00003] and 78(1)[^f00004] of the Marriage Act 1949[^f00005] and sections 2(1) and 18(1)[^f00006] of the Marriage (Registrar General’s Licence) Act 1970[^f00007] as extended by section 26(3) of the Welsh Language Act 1993[^f00008], with the approval of the Secretary of State, makes the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Registration of Marriages (Amendment) Regulations2009 and shall come into force on 16th November 2009.

Amendment of the Registration of Marriages Regulations 1986

2

• (1) The Registration of Marriages Regulations 1986[^f00009] are amended as follows.

• (2) In Schedule 1 (prescribed forms)—

• (a) For form 1, substitute form 1 in Schedule 1 to these Regulations;

• (b) For form 1A, substitute form 1A in Schedule 1 to these Regulations;

• (c) For form 1B, substitute form 1B in Schedule 1 to these Regulations;

• (d) For form 1C, substitute form 1C in Schedule 1 to these Regulations;

• (e) For form 3, substitute form 3 in Schedule 1 to these Regulations; and

• (f) For form 9, substitute form 9 in Schedule 1 to these Regulations.

Amendment of the Registration of Marriages (Welsh Language) Regulations 1999

3

• (1) The Registration of Marriages (Welsh Language) Regulations 1999[^f00010] are amended as follows.

• (2) In regulation 2 for “forms 1, 1A, 1B or 1C and 4” substitute “forms 1, 1A, 3, 1B, 1C and 4”, and for “forms 1, 1A, 1B or 1C and 3” substitute “forms 1, 1A, 1D, 1B, 1C and 3”.

• (3) In Schedule 1 (prescribed forms)—

• (a) In the list headed “Contents”, after the reference to form 1C insert a reference to form 1D in Schedule 2 to these Regulations by inserting—

• (i) “1D” in the column with the heading “Form”;

• (ii) “2” in the column with the heading “Relevant Regulation”;

• (iii) “Notice of marriage by Registrar General’s licence” in the column with the heading “Description”; and

• (iv) “Marriage (Registrar General’s Licence) Act 1970, section 2(1)” in the column with the heading “Statutory Purpose”;

• (b) For form 1, substitute form 1 in Schedule 2 to these Regulations;

• (c) For form 1A, substitute form 1A in Schedule 2 to these Regulations;

• (d) For form 1B, substitute form 1B in Schedule 2 to these Regulations;

• (e) For form 1C, substitute form 1C in Schedule 2 to these Regulations;

• (f) After form 1C, insert form 1D in Schedule 2 to these Regulations; and

• (g) For form 6, substitute form 6 in Schedule 2 to these Regulations.

SCHEDULE 1

FORM 1

FORM 1A

FORM 1B

FORM 1C

FORM 3

FORM 9

SCHEDULE 2

FORM 1

FORM 1A

FORM 1B

FORM 1C

FORM 1D

FORM 6

Signed

Given under my hand on

James Hall — Registrar General — 19th October 2009

I approve

Meg Hillier — Parliamentary Under-Secretary of State — 20th October 2009

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Registration of Marriages Regulations 1986 and the Registration of Marriages (Welsh Language) Regulations 1999.

Regulation 2(2) makes amendments to marriage registration forms which are in the English language. In relation to a notice of marriage, these amendments provide for the sex, and for the date of birth instead of the age, of a person to be married to be entered on the notice; the entries relating to place of residence are amended; and, where a person to be married is 18 years of age or over, the one month period of validity of a certificate of marriage, made necessary by section 39A of the Marriage Act 1949 (marriage of former civil partners one of whom has changed sex), is inserted into the notice. In relation to a notice of marriage by Registrar General’s licence, the amendments provide for the sex, and for the date of birth instead of the age, of a person to be married to be entered on the notice; and the entries relating to place of residence are amended. In relation to a certificate for marriage, the entry relating to the date on which notice of marriage was given is amended, and the one month period of validity of the certificate, made necessary by section 39A of the Marriage Act 1949, is inserted into the certificate. Schedule 1 contains the amended forms.

Regulation 3 makes similar amendments to marriage registration forms which are partly in the Welsh language, and inserts new form 1D (notice of marriage by Registrar General’s licence) into the Registration of Marriages (Welsh Language) Regulations 1999. Schedule 2 contains the new and amended forms.

Footnotes

[^f00001]: Section 27(1) was amended by the Immigration and Asylum Act 1999 c. 33, sections 160(2)(a), 161(1), paragraphs 3 and 8 of Schedule 14, and Schedule 16.

[^f00002]: Section 31(2) was amended by the Immigration and Asylum Act 1999, sections 160(4)(b) and 163(1).

[^f00003]: Section 74 was amended by S.I. 2008/678, articles 3(1) and 5(1), paragraph 5(e) of Schedule 1, and paragraph 5(1)(d) of Schedule 2.

[^f00004]: See the definition of “prescribed”.

[^f00005]: 1949 c. 76.

[^f00006]: Section 18(1) was amended by S.I. 2008/678, articles 3(1) and 5(1), paragraph 9 of Schedule 1, and paragraph 9 of Schedule 2.

[^f00007]: 1970 c. 34.

[^f00008]: 1993 c. 38.

[^f00009]: S.I. 1986/1442; relevant amending instruments are S.I. 1997/2204, 2000/3164, 2005/155, 2005/3177.

[^f00010]: S.I. 1999/1621, amended by S.I. 2000/3164, 2005/155, 2005/3177.