The Registration of Marriages Regulations 2021

Effect of notice of marriage given before 4th May 2021

4.—(1) Sub-paragraphs (3), (4), (6), (7) and (9) to (11) apply in a case where—

(a)a notice of marriage is—

(i)given under section 27 of the 1949 Act (notice of marriage)(1) before 4th May 2021, and

(ii)in force immediately before that date, and

(b)the marriage concerned is not solemnized before 4th May 2021.

(2) Sub-paragraphs (3), (5), (6), (8) and (11) of this paragraph apply in a case where—

(a)a notice of marriage is—

(i)given under section 1 of the 1956 Act (notice of marriage to be solemnized in Scotland) before 4th May 2021, and

(ii)in force immediately before that date, and

(b)the marriage concerned is not solemnized before 4th May 2021.

(3) The amendments made by these Regulations do not affect the continuation in force of the notice of marriage.

(4) The notice of marriage given under section 27 of the 1949 Act is to be treated on and after 4th May 2021 for the purposes of the 1949 Act as amended by these Regulations, as a notice of a marriage intended to be solemnized on the authority of a marriage schedule.

(5) The notice of marriage given under section 1 of the 1956 Act is to be treated on and after 4th May 2021 for the purposes of the 1956 Act as amended by these Regulations, as a notice of marriage intended to be solemnized on the authority of an approved certificate.

(6) In determining whether the waiting period in relation to the notice of marriage has expired—

(a)for the purposes of the 1949 Act, as amended by these Regulations, in relation to a notice given under section 27 of that Act, or

(b)for the purposes of the 1949 Act, as amended by these Regulations and as applied by the 1956 Act, as so amended, in relation to a notice given under section 1 of the 1956 Act

the reference in section 31(4A) of the 1949 Act (marriage under marriage schedule: meaning of waiting period)(2), as amended by these Regulations, to the day on which the notice of marriage was recorded in the marriage register is to be read as a reference to the day on which the notice of marriage was entered in the marriage notice book or in an approved electronic form.

(7) In determining the applicable period in relation to the marriage for the purposes of section 33 of the 1949 Act (period of validity of marriage schedule)(3) as amended by these Regulations—

(a)the reference in subsection (3) of section 33 of that Act to the day on which the notice of marriage was recorded in the marriage register is to be read as a reference to the day on which the notice of marriage was entered in the marriage notice book or in an approved electronic form,

(b)the reference in subsection (4) of section 33 of that Act to the notices of marriage not being recorded in the marriage register on the same date is to be read as a reference to the notices of marriage not being entered in the marriage notice book, in an approved electronic form or (as the case may be) recorded in the marriage register on the same date, and

(c)the reference in subsection (5) of section 39A of that Act (marriage of former civil partners one of whom has changed sex: period of validity of certificate)(4) to the day on which the notice of marriage was recorded in the marriage register is to be read as a reference to the day on which the notice of marriage was entered in the marriage notice book.

(8) In determining the applicable period in relation to the marriage for the purposes of section 33 of the 1949 Act, as amended by these Regulations and applied by section 1 of the 1956 Act as so amended, the reference in subsection (3) of section 33 of the 1949 Act to the day on which the notice of marriage was recorded in the marriage register is to be read as a reference to the day on which the notice of marriage was entered in the marriage notice book or in an approved electronic form.

(9) In determining the meaning of “relevant statutory period” for the purposes of—

(a)section 48 of the Immigration Act 2014 (decision whether to investigate marriage referred under section 28H of the 1949 Act)(5) as amended by these Regulations, and

(b)paragraph 2 of Schedule 3A to the 1949 Act (modifications if proposed marriage referred under section 28H)(6) as amended by these Regulations,

the reference in paragraph (a)(i) of the definition of “relevant statutory period” in section 62(1) of the Immigration Act 2014 (interpretation)(7), as amended by these Regulations, to the day after notice of the proposed marriage is recorded in the marriage register is to be read as a reference to the day after notice of the proposed marriage is entered in the marriage notice book or in an approved electronic form.

(10) In determining the meaning of “relevant 70 day period” for the purposes of paragraph 3 of Schedule 3A to the 1949 Act as amended by these Regulations, the reference in paragraph 3(7)(a) of that Schedule to the day after notice of the proposed marriage is recorded in the marriage register is to be read as a reference to the day after notice of the proposed marriage is entered in the marriage notice book or in an approved electronic form.

(11) In this paragraph, references to a notice of marriage being entered in the marriage notice book or in an approved electronic form are references to a notice being so entered by virtue of section 27 of the 1949 Act (notice of marriage).