(2) “Enactment” includes—

(a) an enactment contained in subordinate legislation within the
meaning of the Interpretation Act 1978;

(b) an enactment contained in, or in an instrument made under, an Act
5of the Scottish Parliament;

(c) an enactment contained in, or in an instrument made under, a
Measure or Act of the National Assembly for Wales;

(d) an enactment contained in, or in an instrument made under,
Northern Ireland legislation.

(3) 10“Local authority” means—

(a) in relation to England—

(i) a county, district or parish council in England,

(ii) a London borough council,

(iii) the Common Council of the City of London in its capacity as
15a local authority, or

(iv) the Council of the Isles of Scilly;

(b) in relation to Wales, any county, county borough or community
council in Wales;

(c) in relation to Scotland, a council constituted under section 2 of the
20Local Government etc (Scotland) Act 1994;

(d) in relation to Northern Ireland, a district council constituted under
section 1 of the Local Government Act (Northern Ireland) 1972 (c. 9
(N.I.)).

Section 47

SCHEDULE 4 25Referral of proposed marriages and civil partnerships in England and Wales

Part 1 Marriage

Introduction

1 The Marriage Act 1949 is amended in accordance with this Part of this
30Schedule.

Supply of additional information and evidence

2 (1) Section 27 (notice of marriage) is amended in accordance with this
paragraph.

(2) In subsection (3), after “surname,” insert “the date of birth,”.

(3) 35In subsection (4), for “27A” substitute “27ZA”.

3 (1) After section 27 insert—

27ZA   Entry of particulars in notice book: compliance with requirements

The superintendent registrar shall not enter the particulars relating
to a marriage in the marriage notice book in accordance with section

27(4), or in an approved electronic form by virtue of section 27(4A),
in a case where any of the following requirements is applicable but
is not complied with—

(a) a requirement imposed by or under any of the following
5provisions of this Act—

• section 27A(2) or (3);

• section 27A(4);

• section 27B(2);

• section 27D(2);

• 10section 27E(2) to (6);

• section 27E(8);

• section 28A;

• section 28B(1);

• section 28C(4) or (6);

(b) 15the requirement imposed by section 19(2) of the Asylum and
Immigration (Treatment of Claimants, etc) Act 2004.”.

(2) Omit section 27A(5).

4 After section 27D insert—

“27E Additional information if party not relevant national

(1) 20This section applies to notice of marriage given to a superintendent
registrar in accordance with section 27 if one, or each, of the parties
to the proposed marriage is not a relevant national.

(2) For each party to the proposed marriage who is not a relevant
national, the notice must include whichever of statements A, B or C
25is applicable to that person.

(3) Statement A is a statement that the person has the appropriate
immigration status.

(4) Statement B is a statement that the person holds a relevant visa in
respect of the proposed marriage.

(5) 30Statement C is a statement that the person neither—

(a) has the appropriate immigration status, nor

(b) holds a relevant visa in respect of the proposed marriage.

(6) The notice must be accompanied by the details, photographs or
addresses referred to in an entry in the first column of this table if the
35notice contains the statement, or one of the statements, referred to in
the corresponding entry in the second column—

(7) If the notice includes statement C for a party to the proposed
10marriage—

(a) the notice may be accompanied by a statement (“statement
D”) of that person’s immigration position in the United
Kingdom;

(b) if the notice is accompanied by statement D for a party to the
15proposed marriage, the person may provide the
superintendent registrar with details of his or her
immigration position in the United Kingdom; and

(c) if any such details are provided, the superintendent registrar
must record them.

(8) 20For each party to the proposed marriage who is not a relevant
national, the notice must be accompanied by a statement of—

(a) any names (other than the name stated in the notice in
accordance with section 27(3)) previously used by that
person, and

(b) 25any aliases previously or currently used by that person.

(9) In this section—

(a) a reference—

(i) to a person having the appropriate immigration
status, or

(ii) 30to a person holding a relevant visa,

has the same meaning as in section 44 of the Immigration Act
2014;

(b) a reference to the particular immigration status which a
person has is a reference to the immigration status set out in
35any of paragraphs (a) to (c) of section 44(2) of that Act which
the person has;

(c) a reference to a person’s immigration position in the United
Kingdom includes a reference to the person’s not being
entitled to be in the United Kingdom.

(10) In this section “specified photograph” means a photograph that is in
accordance with regulations made under section 28G (and for this
purpose “photograph” includes other kinds of images).

5 In section 28 (declaration to accompany notice of marriage), in subsection
5(1), after paragraph (c) insert—

“(d) that he or she believes all of the information stated in the
notice, and all information and evidence supplied with the
notice, is true.”.

6 (1) Section 28A (power to require evidence) is amended in accordance with this
10paragraph.

(2) For the title substitute “Power to require evidence of consent to marriages
of same sex couples”.

(3) Omit subsection (1).

(4) In subsection (2), for the words before “may” substitute “A requirement
15under subsection (1A)”.

(5) Omit subsection (3)

7 After section 28A insert—

“28B Provision of evidence

(1) A notice of marriage under section 27 must, in relation to each of the
20parties to the marriage, be accompanied by specified evidence of the
following matters—

(a) the person’s name and surname;

(b) the person’s date of birth;

(c) the person’s place of residence;

(d) 25the person’s nationality.

(2) A person giving a notice of marriage under section 27 must provide
the superintendent registrar to whom the notice is given with
specified evidence—

(a) as to whether the person has previously been married or
30formed a civil partnership; and

(b) if so, as to the ending of the marriage or civil partnership.

(3) In this section “specified evidence” means evidence that is in
accordance with regulations made under section 28G.

28C Additional evidence if party not relevant national

(1) 35This section applies to notice of marriage given to a superintendent
registrar in accordance with section 27 if one, or each, of the parties
to the proposed marriage is not a relevant national.

(2) If the notice includes statement A (referred to in section 27E(3)), and
accordingly is accompanied by details of the particular immigration
40status which a party to the proposed marriage has, the notice must
be accompanied by specified evidence of that status.

(3) If the notice includes statement B (referred to in section 27E(4)), the
notice must be accompanied by specified evidence of the holding of
the relevant visa by the party to the proposed marriage.

(4) If, in accordance with section 27E(6), the notice is accompanied by
the usual address of a party to the proposed marriage, the notice
must also be accompanied by specified evidence that it is that party’s
usual address.

(5) 5If the notice includes statement D (referred to in section 27E(7)), the
notice may be accompanied by evidence of the person’s immigration
position in the United Kingdom.

(6) If subsection (2) or (3) applies to the notice, and the notice is not
accompanied by the specified evidence required by that subsection,
10the notice must be accompanied by—

(a) specified photographs (within the meaning of section 27E) of
each of the parties to the proposed marriage;

(b) the usual address of each party to the proposed marriage;

(c) specified evidence that the usual address of a party provided
15in accordance with paragraph (b) is that party’s usual
address; and

(d) if the usual address of a party provided in accordance with
paragraph (b) is outside the United Kingdom, an address in
the United Kingdom at which that party can be contacted by
20post.

(7) In this section “specified evidence” means evidence that is in
accordance with regulations made under section 28G.

28D Change of usual address or UK contact address

(1) The Secretary of State may, by regulations, make provision about the
25giving to the Secretary of State of—

(a) notice of a person’s usual address, if the person’s notified
usual address changes;

(b) notice of a UK contact address, if the person’s notified usual
address is not in the United Kingdom;

(c) 30notice of a person’s UK contact address, if the person’s
notified UK contact address changes;

(d) evidence of any address notified in accordance with
regulations under paragraph (a), (b) or (c).

(2) The provision that may be made in regulations under this section
35includes—

(a) provision imposing a requirement on a person;

(b) provision about the rejection of information or evidence
which there are reasonable grounds to suspect to be false.

(3) Regulations under subsection (1)(d) may, in particular, make any
40provision of the kind that may be made under section 28G(3).

(4) Regulations under this section are to be made by statutory
instrument; and a statutory instrument containing such regulations
is subject to annulment in pursuance of a resolution of either House
of Parliament.

(5) 45In this section—

Immigration BillPage 65

• “notified UK contact address” means an address in the United
  Kingdom, at which a person can be contacted by post, that
  has been notified in accordance with—

  (a)

  section 27E(6) or 28C(6), or

  (b)

  5regulations under this section;

• “notified usual address” means the usual address of a person
  that has been notified in accordance with—

  (a)

  section 27E(6) or 28C(6), or

  (b)

  regulations under this section.

28E 10Rejection of false information or evidence

(1) A superintendent registrar may reject—

(a) any information or photograph provided under section 27,
27E or 28C, or

(b) any evidence provided under section 28A, 28B or 28C,

15if (in particular) the superintendent registrar has reasonable grounds
for suspecting that the information, photograph or evidence is false.

(2) If the superintendent registrar rejects any information, photograph
or evidence, the superintendent registrar may proceed under this
Act as if the rejected information, photograph or evidence had not
20been provided.

(3) This section does not limit the powers of superintendent registrars to
reject anything provided under any other enactment.

28F Amendment of notice and evidence provisions

(1) The Secretary of State may by order—

(a) 25amend section 27, 27E or 28C so as to vary the information
that must or may be given in cases where that section applies;

(b) amend section 28B or 28C so as to vary the matters in respect
of which evidence must or may be given in cases where that
section applies;

(c) 30make such provision (including provision amending section
27ZA, 28D or 28G or any other enactment) as the Secretary of
State considers appropriate in consequence of provision
made under paragraph (a) or (b).

(2) The Secretary of State must consult the Registrar General before
35making an order under this section.

(3) An order under this section is to be made by statutory instrument;
and no statutory instrument containing such an order may be made
unless a draft of it has been laid before, and approved by resolution
of, each House of Parliament.

28G 40Specified evidence

(1) The Registrar General may make regulations about the evidence that
is required to be given for the purposes of section 8, 16 or 28B.

(2) The Secretary of State may make regulations about the evidence that
is required to be given for the purposes of section 28C.

(3) Regulations under this section may, in particular, make provision
about—

(a) the kind of evidence which is to be supplied;

(b) the form in which evidence is to be supplied;

(c) 5the manner in which evidence is to be supplied;

(d) the period within which evidence is to be supplied;

(e) the supply of further evidence;

(f) the sufficiency of evidence supplied;

(g) the consequences of failing to supply sufficient evidence in
10accordance with the regulations (including provision to
secure that, in such a case, a particular decision is made or is
to be treated as having been made);

(h) the retention or copying of evidence supplied.

(d)(d)the period within which evidence is to be supplied;

(e) 15the supply of further evidence;

(f) the sufficiency of evidence supplied;

(g) the consequences of failing to supply sufficient evidence in
accordance with the regulations (including provision to
secure that, in such a case, a particular decision is made or is
20to be treated as having been made);

(h) the retention or copying of evidence supplied.

(4) In this section “evidence” includes a photograph or other image.

(5) The Secretary of State must consult the Registrar General before
making regulations under this section.

(6) 25The Registrar General must obtain the approval of the Secretary of
State before making regulations under this section.

(7) Regulations under this section are to be made by statutory
instrument.

(8) A statutory instrument containing regulations under this section
30made by the Secretary of State is subject to annulment in pursuance
of a resolution of either House of Parliament.”.

Referral to Secretary of State

8 After section 28G insert—

“28H Referral of proposed marriage to Secretary of State

(1) 35On every occasion when notice of marriage is given under section 27,
a superintendent registrar must decide whether or not each of the
parties to the proposed marriage is an exempt person.

(2) But this section does not apply if section 39A applies to the proposed
marriage.

(3) 40In making a decision under subsection (1) about a party to a
proposed marriage, a superintendent registrar may rely on any
advice given in relation to that decision by the Secretary of State.

(4) In a case where—

(a) section 27E applies to the notice of marriage, and

(b) 45specified evidence required by section 28C(2) or (3) in
relation to a party to the proposed marriage is not produced
in accordance with that section,

the superintendent registrar must decide that that party to the
proposed marriage is not an exempt person.

(5) 50If the superintendent registrar decides that either of the parties is not
an exempt person, or that both of the parties are not exempt persons,
the superintendent registrar must—

(a) refer the proposed marriage to the Secretary of State;

(b) notify the parties to the proposed marriage that the proposed
marriage must be referred to the Secretary of State;

(c) give the parties to the proposed marriage prescribed
5information about—

(i) the effects of the referral;

(ii) the requirement under regulations under section 28D
to notify the Secretary of State of changes of address.

(6) The superintendent registrar must act in accordance with
10regulations when complying with the duty in subsection (5)(a) to
refer a proposed marriage to the Secretary of State.

(7) Regulations may, in particular, make provision about—

(a) the form, manner or timing of the referral of a proposed
marriage;

(b) 15information, photographs or evidence — or copies of any of
those things — to be included with the referral of a proposed
marriage.

(8) Regulations are to be made by statutory instrument; and a statutory
instrument containing regulations is subject to annulment in
20pursuance of a resolution of either House of Parliament.

(9) If the superintendent registrar refers the proposed marriage to the
Secretary of State, this Act has effect in relation to the proposed
marriage subject to the modifications in Schedule 3A.

(10) In this section—

(a) 25a reference to a person being an exempt person has the same
meaning as in section 44 of the Immigration Act 2014;

(b) “prescribed information” means information prescribed in
regulations;

(c) “regulations” means regulations made by the Secretary of
30State after consulting the Registrar General.”.

9 Before Schedule 4 insert—

“SCHEDULE 3A

Modifications if proposed marriage referred under section 28H

1 Introduction

(1) These are the modifications subject to which this Act has effect if
the superintendent registrar refers a proposed marriage to the
35Secretary of State.

(2) In this Schedule—

• “2014 Act” means the Immigration Act 2014;

• “referred marriage” means the proposed marriage referred to
  the Secretary of State.

2 No certificate to be issued until decision about investigation etc

(1) The duty under section 31(2) to issue a certificate in respect of the
referred marriage does not apply unless and until one of the
following events occurs.

(2) 5Event 1 occurs if—

(a) the Secretary of State gives the superintendent registrar the
section 43 notice, and

(b) that notice is of a decision not to investigate whether the
referred marriage is a sham.

(3) 10Event 2 occurs if—

(a) the relevant statutory period ends, and

(b) the Secretary of State has not given the superintendent
registrar the section 43 notice.

(4) Event 3 occurs if—

(a) 15the Secretary of State gives the superintendent registrar the
section 43 notice,

(b) that notice is of a decision to investigate whether the
referred marriage is a sham,

(c) the Secretary of State gives the superintendent registrar the
20section 45 notice, and

(d) that notice is of a decision that both of the parties to the
referred marriage have complied with the investigation.

(5) Event 4 occurs if—

(a) the 70 day period ends, and

(b) 25the Secretary of State has not given the superintendent
registrar the section 45 notice.

(6) Event 5 occurs if the Secretary of State gives the superintendent
registrar notice that the duty under section 31(2) is applicable.

(7) The Secretary of State may give a notice for that purpose only if—

(a) 30the Secretary of State has given the superintendent
registrar the section 43 notice,

(b) that notice is of a decision to investigate whether the
referred marriage is a sham,

(c) the Secretary of State has given the superintendent
35registrar the section 45 notice, and

(d) that notice is of a decision that one or both of the parties to
the referred marriage have not complied with the
investigation.

(8) This paragraph applies in addition to any other requirements
40applicable to the issue of the certificate.

(9) This paragraph is subject to paragraph 4.

(10) In this paragraph—

• “70 day period” has the same meaning as in section 45 of the
  2014 Act;

Immigration BillPage 69

• “relevant statutory period” has the same meaning as in
  section 43 of the 2014 Act;

• “section 43 notice” means notice under section 43(7) of the
  2014 Act;

• 5“section 45 notice” means notice under section 45(7) of the
  2014 Act.

3 Marriage to be investigated: extension of waiting period to 70 days

(1) The modifications in this paragraph have effect if the Secretary of
State gives the superintendent registrar notice under section 43(7)
10of the 2014 Act of a decision to investigate whether the referred
marriage is a sham.

(2) Section 31(2): the reference to the said period of 28 days has effect
as a reference to the relevant 70 day period.

(3) Section 31(4A)(a): the reference to the period of 28 days has effect
15as a reference to the relevant 70 day period.

(4) Section 31(5A) and (5C): the reference to the 28 day period has
effect as a reference to the relevant 70 day period.

(5) Section 31(5B) does not apply.

(6) Section 75(3)(a): the reference to 28 days has effect as a reference to
2070 days (and the reference in section 31(5C) to 28 days has effect
accordingly).

(7) This paragraph does not affect the exercise of the power conferred
by section 31(5A).

(8) In this paragraph “relevant 70 day period” means the period—

(a) 25beginning the day after notice of the proposed marriage is
entered in the marriage book in accordance with Part 3 of
the Marriage Act 1949, or is entered in an approved
electronic form by virtue of section 27(4A) of that Act, and

(b) ending at the end of the period of 70 days beginning with
30that day.

4 Effect of reducing statutory period

(1) This paragraph applies if—

(a) the Secretary of State gives notice under section 31(5EB) of
the grant of an application made under section 31(5A)
35(reduction of statutory period) in relation to the referred
marriage, and

(b) that notice is given at a time when the duty under section
31(2) to issue a certificate in respect of the referred
marriage has not arisen in accordance with paragraph 2.

(2) 40The duty under subsection 31(2) to issue a certificate in respect of
the referred marriage arises on the giving of the notice, subject to
any other requirements applicable to the issue of the certificate
being met.