The Marriage and Civil Partnership (Minimum Age) Act 2022 (Commencement and Transitional Provisions) Regulations 2023

• Citation: S.I. 2023/88
• Sections: 17

Section 1 Citation

These Regulations may be cited as the Marriage and Civil Partnership (Minimum Age) Act 2022 (Commencement and Transitional Provisions) Regulations 2023.

Section 2 Commencement

The Marriage and Civil Partnership (Minimum Age) Act 2022 comes into force on 27th February 2023.

Section 3 Interpretation

In this Part—

“ the 1949 Act ” means the Marriage Act 1949 ;

“ the 1970 Act ” means the Marriage (Registrar General’s Licence) Act 1970 ;

“ the 2004 Act ” means the Civil Partnership Act 2004 ;

“ the 2014 Order ” means the Consular Marriages and Marriages under Foreign Law (No. 2) Order 2014 ;

“ the Armed Forces Order 2005 ” means the Civil Partnership (Armed Forces) Order 2005 ;

“ marriage schedule ” has the meaning assigned to it by section 31(2) of the 1949 Act;

“ the Registration Abroad Order 2005 ” means the Civil Partnership (Registration Abroad and Certificates) Order 2005 ; and

“ relevant date ” means 27th February 2023.

Section 4 Marriage Schedules

Where—

(a) a marriage schedule has been issued before the relevant date;

(b) the marriage has not been solemnized before the relevant date; and

(c) either or both parties to the proposed marriage are under the age of 18 years on the relevant date and will remain under the age of 18 for the entirety of the applicable period as determined by section 33(3) of the 1949 Act,

the notices of marriage and the marriage schedule are void and no person may solemnize the marriage on the authority of that marriage schedule.

Section 5 Marriage Schedules

Where—

(a) a marriage schedule has been issued before the relevant date;

(b) the marriage has not been solemnized before the relevant date; and

(c) either or both parties to the proposed marriage are under the age of 18 immediately before the relevant date but both will be aged 18 or over during the applicable period as determined by section 33(3) of the 1949 Act,

the notices of marriage and the marriage schedule are valid but no person may solemnize the marriage on the authority of that marriage schedule until both parties to the proposed marriage have reached the age of 18 years.

Section 6 Marriage: Registrar General’s licence

Where—

(a) a Registrar General’s licence has been issued under section 7 of the 1970 Act before the relevant date;

(b) the marriage has not been solemnized before the relevant date; and

(c) either or both parties to the proposed marriage are under the age of 18 years on the relevant date and will remain under the age of 18 for the entirety of the period of validity of the licence as determined by section 8 of the 1970 Act,

the notices of marriage and the licence are void and no person may solemnize the marriage on the authority of that licence.

Section 7 Marriage: Registrar General’s licence

Where—

(a) a Registrar General’s licence has been issued under section 7 of the 1970 Act before the relevant date;

(b) the marriage has not been solemnized before the relevant date; and

(c) either or both parties to the proposed marriage are under the age of 18 years immediately before the relevant date but both will be aged 18 or over during the period of validity of the licence as determined by section 8 of the 1970 Act,

the notices of marriage and the licence are valid but no person may solemnize the marriage on the authority of that licence until both parties to the proposed marriage have reached the age of 18 years.

Section 8 Marriage: Consular Marriage

Where—

(a) notice of intended marriage has been given under article 4 of the 2014 Order before the relevant date;

(b) the relevant part of the United Kingdom for the purposes of the marriage is England and Wales;

(c) the marriage has not been solemnized before the relevant date; and

(d) either or both parties to the proposed marriage are under the age of 18 years on the relevant date and will remain under the age of 18 for the entirety of the valid notice period determined by article 7 of the 2014 Order,

the notices of marriage are void and no registration officer may solemnize the marriage.

Section 9 Marriage: Consular Marriage

Where—

(a) notice of intended marriage has been given under article 4 of the 2014 Order before the relevant date;

(b) the relevant part of the United Kingdom for the purposes of the marriage is England and Wales;

(c) the marriage has not been solemnized before the relevant date; and

(d) either or both parties to the proposed marriage are under the age of 18 years immediately before the relevant date but both will be aged 18 or over during the period of validity of the notice determined by article 7 of the 2014 Order,

the notices of marriage are valid but no registration officer may solemnize the marriage until both parties to the proposed marriage have reached the age of 18.

Section 10 Civil Partnership Schedule: England and Wales

Where—

(a) a civil partnership schedule has been issued under section 14 of the 2004 Act before the relevant date;

(b) the proposed civil partners have not registered as civil partners by signing the civil partnership schedule before the relevant date; and

(c) either or both proposed civil partners are under the age of 18 years on the relevant date and will remain under the age of 18 for the entirety of the applicable period as determined by section 17(4) of the 2004 Act,

the notices of the proposed civil partnership and the civil partnership schedule are void and no civil partnership registrar may officiate at the signing of the civil partnership schedule by them.

Section 11 Civil Partnership Schedule: England and Wales

Where—

(a) a civil partnership schedule has been issued under section 14 of the 2004 before the relevant date;

(b) the proposed civil partners have not registered as civil partners by signing the civil partnership schedule before the relevant date; and

(c) either or both proposed civil partners are under the age of 18 years immediately before the relevant date but both will be aged 18 or over during the applicable period as determined by section 17(4) of the 2004 Act,

the notices of the proposed civil partnership are valid but no civil partnership registrar may officiate at the signing of the civil partnership schedule by them until both proposed civil partners have reached the age of 18 years.

Section 12 Civil Partnership: Registrar General’s licence

Where—

(a) a Registrar General’s licence has been issued under section 25 of the 2004 Act before the relevant date;

(b) the proposed civil partners do not register as civil partners by signing the licence before the relevant date; and

(c) either or both proposed civil partners are under the age of 18 years on the relevant date and will remain under the age of 18 for the entirety of the period during which registration may take place under section 27 of the 2004 Act,

the notice of proposed civil partnership and the licence are void and no civil partnership registrar may officiate at the signing of the licence by them.

Section 13 Civil Partnership: Registrar General’s licence

Where—

(a) a Registrar General’s licence has been issued under section 25 of 2004 Act before the relevant date;

(b) the proposed civil partners do not register as civil partners by signing the licence before the relevant date; and

(c) either or both proposed civil partners are under the age of 18 years immediately before the relevant date but both will be aged 18 or over during the period during which registration may take place under section 27 of the 2004 Act,

the notice of proposed civil partnership and the licence are valid but no civil partnership registrar may officiate at the signing of the licence by them until both proposed civil partners have reached the age of 18 years.

Section 14 Civil Partnership: Registration Abroad

Where—

(a) two people have given notice to register as civil partners of each other under article 5 of the Registration Abroad Order 2005 before the relevant date;

(b) the relevant part of the United Kingdom for the civil partnership registration is England and Wales;

(c) the proposed civil partners have not registered as civil partners by signing the civil partnership document before the relevant date; and

(d) either or both proposed civil partners are under the age of 18 years on the relevant date and will remain under the age of 18 for the entirety of the valid notice period determined by article 9 of the Registration Abroad Order 2005,

the notices of the proposed civil partnership are void and no registration officer may officiate at the signing of the civil partnership document by them.

Section 15 Civil Partnership: Registration Abroad

Where—

(a) two people have given notice to register as civil partners of each other under article 5 of the Registration Abroad Order 2005 before the relevant date;

(b) the relevant part of the United Kingdom for the civil partnership registration is England and Wales;

(c) the proposed civil partners have not registered as civil partners by signing the civil partnership document before the relevant date; and

(d) either or both proposed civil partners are under the age of 18 years immediately before the relevant date but both will be aged 18 or over during the period of validity of the notice determined by article 9 of the Registration Abroad Order 2005,

the notices of the proposed civil partnership are valid but no registration officer may officiate at the signing of the civil partnership document by them until both proposed civil partners have reached the age of 18 years.

Section 16 Civil Partnership: Armed Forces

Where—

(a) two people have given notice to register as civil partners of each other under article 6 of the Armed Forces Order 2005 before the relevant date;

(b) the relevant part of the United Kingdom for the civil partnership registration is England and Wales;

(c) the proposed civil partners have not registered as civil partners by signing the civil partnership register before the relevant date; and

(d) either or both proposed civil partners are under the age of 18 years on the relevant date and will remain under the age of 18 for the entirety of the applicable period as determined by article 11(4) of the Armed Forces Order 2005,

the notices of the proposed civil partnership are void and no registering officer may officiate at the signing of the civil partnership register by them.

Section 17 Civil Partnership: Armed Forces

Where—

(a) two people have given notice to register as civil partners of each other under article 6 of the Armed Forces Order 2005 before the relevant date;

(b) the relevant part of the United Kingdom for the civil partnership registration is England and Wales;

(c) the proposed civil partners have not registered as civil partners by signing the civil partnership register before the relevant date; and

(d) either or both proposed civil partners are under the age of 18 years immediately before the relevant date but both will be aged 18 or over during the applicable period as determined by article 11(4) of the Armed Forces Order 2005,

the notices of the proposed civil partnership are valid but no registering officer may officiate at the signing of the civil partnership register by them until both proposed civil partners have reached the age of 18 years.