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The Referral of Proposed Marriages and Civil Partnerships Regulations 2015

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Regulation 7

SCHEDULE 2E+W

This schedule has no associated Explanatory Memorandum

InterpretationE+W

1.  In this Schedule—

certified copy” means a copy of an original document which—

(a)

is certified as a true copy of the original,

(b)

is signed and dated by the person who certifies it, and

(c)

states that person's name, contact details and position or occupation,

driving licence” means a licence granted under—

(a)

Part 3 of the Road Traffic Act 1988 M1, or

(b)

the Road Traffic (Northern Ireland) Order 1981 M2,

and includes a provisional licence, a counterpart Community licence and a British external licence within the meaning of those enactments,

financial year” means any period of 12 months beginning with the 1st April,

relevant notice” means the notice given in respect of the proposed marriage or civil partnership,

residential tenancy agreement” means a tenancy which—

(a)

grants a right of occupation of premises for residential use, and

(b)

is not an excluded agreement.

Marginal Citations

EvidenceE+W

2.  For the purposes mentioned in regulation 7, the relevant notice must be accompanied by one of the following—

(a)a utility bill,

(b)a bank or building society statement or passbook,

(c)where the party's usual address is in England, Wales or Scotland, a council tax bill,

(d)where the party's usual address is in Northern Ireland, a rate bill,

(e)a current residential tenancy agreement,

(f)a mortgage statement,

(g)the party's valid driving licence, or

(h)a letter from the owner or proprietor (“P”) of the address which is the party's usual address which—

(i)confirms it is the party's usual address,

(ii)states that P is the owner or proprietor,

(iii)states P's name,

(iv)states P's address, and

(v)is signed and dated by P.

3.  The evidence mentioned in sub-paragraphs (a) to (g) of paragraph 2 must—E+W

(a)be in the name of the party, or, where it is in the name of more than one person, one of them must be the party, and

(b)show the party's usual address as the address to which the evidence was sent.

4.  The utility bill mentioned in paragraph 2(a) must be dated no more than three months before the date on which the relevant notice is given.E+W

5.  The bank or building society statement or passbook mentioned in paragraph 2(b) must be dated no more than one month before the date on which the relevant notice is given.E+W

6.  The council tax bill mentioned in paragraph 2(c) or the rate bill mentioned in paragraph 2(d) must be dated no more than 12 months before the date on which the relevant notice is given.E+W

7.  The mortgage statement mentioned in paragraph 2(f) must be dated no more than 12 months before the date on which the relevant notice is given.E+W

8.  The letter mentioned in paragraph 2(h) must be dated no more than one month before the date on which the relevant notice is given.E+W

9.—(1) Where it is not practicable to provide an original of a document mentioned in sub-paragraph (e), (f) or (g) of paragraph 2, a party may provide a certified copy.E+W

(2) A document mentioned in paragraph (1) may not be certified by a person who is—

(a)a family member of the party or the other party,

(b)a person who lives with the party or the other party, or

(c)the other party.

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