The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020

Transitional provision in relation to common licences for marriage in England and WalesU.K.

This section has no associated Explanatory Memorandum

4.—(1) Section 5(3)(b) of the 1949 Act does not apply in respect of a marriage to be solemnized between two persons who were both relevant nationals before 1st July 2021 where—

(a)a common licence for the solemnization of the marriage was granted before 1st July 2021;

(b)a relevant application for a common licence in respect of the marriage was received by the appropriate person, but not yet determined, by 1st July 2021, or

(c)in a case not falling within paragraph (b), one of the persons has sworn the oaths required under section 16(1) of the 1949 Act before a person with authority to grant a common licence.

(2) In this paragraph—

appropriate person” means—

(a)

a person having authority to grant a common licence, or

(b)

the office of the ecclesiastical judge out of which such a licence is to issue;

common licence” has the same meaning as in the 1949 Act (see section 5);

relevant application” means an application in writing (including by email) for a common licence including the evidence required by section 16(1C) of the 1949 Act.

Commencement Information

I1Sch. 5 para. 4 not in force at made date, see reg. 1

I2Sch. 5 para. 4 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)