The Immigration Act 2014 (Commencement No. 4, Transitional and Saving Provisions and Amendment) Order 2015

PART 2 Transitional and saving provisions

Marriage and civil partnership: transitional provisions

5.—(1) Notwithstanding the commencement of section 57 of the Act—

(a) section 5(3) of the 1949 Act(1) (methods of authorising marriages) does not apply to a person to whom paragraph (2) or (3) applies,

(b) subsections (1C) and (1D) of section 16 of the 1949 Act(2) (provisions as to common licences) do not apply to a person to whom paragraph (3) applies.

(2) This paragraph applies to a person to be married who was granted a common licence on or before 1st March 2015 in respect of that marriage.

(3) This paragraph applies to a person to be married who made an application in writing (including by email) for a common licence in respect of that marriage which was received on or before 1st March 2015 by—

(a) a person having authority to grant such a licence, or

(b) the office of the ecclesiastical judge out of which the licence is to issue.

(4) In this article—

“1949 Act” means the Marriage Act 1949,

“common licence” has the same meaning as in that Act (see section 5).

6.  The amendments made by section 58 of the Act apply only to proposed marriages and civil partnerships in respect of which notice under section 27 of the Marriage Act 1949 or under section 8 of the Civil Partnership Act 2004(3) is given on or after 2nd March 2015.

(1)

1949 c. 76; section 5(3) is inserted by section 57 of the Immigration Act 2014. There are other amendments to section 5 but they are not relevant to this Order.

(2)

Subsections (1C) and (1D) are also inserted by section 57 of the Immigration Act 2014. There are other amendments to section 16 but they are not relevant to this Order.

(3)

2004 c. 33; subsections (1) and (4) were amended by S.I. 2005/2000; subsection (4) was also amended by, and subsection (5A) inserted by, paragraphs 18 and 19 of Schedule 4 to the Immigration Act 2014.