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SCHEDULES

Section 54

SCHEDULE 5U.K.Sham marriage and civil partnership: administrative regulations

IntroductionU.K.

1(1)This Schedule sets out the kinds of regulations which may be made by the Secretary of State under section 54(2).U.K.

(2)In this Schedule—

Commencement Information

I1Sch. 5 para. 1 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(h)

NoticesU.K.

2(1)The Secretary of State may make regulations which make provision about the giving of relevant notices.U.K.

(2)Regulations under this paragraph may, in particular, provide that a relevant notice given in accordance with the regulations is to be presumed to have been received by the person to whom it is given.

(3)In this paragraph “relevant notice” means—

(a)a notice, under any provision of the referral and investigation scheme, which relates to a proposed Scottish or Northern Ireland marriage or civil partnership, and

(b)any other notice relating to the referral of a proposed Scottish or Northern Ireland marriage or civil partnership to the Secretary of State for the purposes of the referral and investigation scheme,

(whether or not the notice falls to be given by virtue of provision made by an extension order).

Commencement Information

I2Sch. 5 para. 2 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(h)

EvidenceU.K.

3(1)The Secretary of State may make regulations about the supply of evidence in accordance with a relevant evidence provision.U.K.

(2)Regulations under this paragraph 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)the 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 accordance 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.

(3)In this paragraph—

Commencement Information

I3Sch. 5 para. 3 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(h)

Change of addressU.K.

4(1)The Secretary of State may, by regulations, make provision about the giving to the Secretary of State of—U.K.

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

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

(c)notice of a relevant 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)Regulations under this paragraph may, in particular, make—

(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 sub-paragraph (1)(d) may, in particular, make any provision of the kind that may be made under paragraph 3(2).

(4)In this paragraph—

Commencement Information

I4Sch. 5 para. 4 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(h)

ReferralU.K.

5(1)The Secretary of State may make regulations requiring a person to act in accordance with the regulations when complying with a duty of referral.U.K.

(2)The regulations may, in particular, make provision about—

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

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

(3)The Secretary of State may make regulations requiring a person who refers a proposed marriage or civil partnership in accordance with a duty of referral to give the parties to the proposed marriage or civil partnership information prescribed in the regulations about—

(a)the effects of the referral;

(b)any requirements under regulations under paragraph 4 to notify the Secretary of State of changes of address.

(4)In this paragraph—

Commencement Information

I5Sch. 5 para. 5 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(h)

Applications for shortening of waiting periodU.K.

6(1)The Secretary of State may make regulations about the making, and granting, of applications for the shortening of a waiting period in cases where a proposed Scottish or Northern Ireland marriage or civil partnership is referred to the Secretary of State in accordance with a duty of referral.U.K.

(2)Regulations may be made under this paragraph—

(a)whether the application falls to be made by virtue of provision made by an extension order or otherwise;

(b)whether the application falls to be made to the Secretary of State or another person.

(3)In this paragraph—

Commencement Information

I6Sch. 5 para. 6 in force at 20.10.2014 for specified purposes by S.I. 2014/2771, art. 3(h)