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The Marriage (Same-sex Couples) and Civil Partnership (Opposite-sex Couples) (Northern Ireland) Regulations 2019

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This is the original version (as it was originally made).

Marriage overseas: consular, and armed forces, marriages

This section has no associated Explanatory Memorandum

12.—(1) Part 2 of the Consular Marriages and Marriages under Foreign Law (No. 2) Order 2014(1) extends also to Northern Ireland.

(2) Accordingly, omit article 1(3) of that Order (Part 2 does not extend to Northern Ireland).

(3) Part 2 of that Order (as it has effect in accordance with paragraph (1)) is amended as follows.

(4) In article 4(4)(a) (notice of marriage must specify relevant part of UK)—

(a)omit “either”, and

(b)after “Scotland” insert “or Northern Ireland”.

(5) In article 5 (consent to marriage), after paragraph (2) insert—

(2A) Where either party to the marriage is under the age of 18 and the relevant part of the United Kingdom is Northern Ireland then the same consents are required as would be required under Article 22 of the Marriage (Northern Ireland) Order 2003 in respect of a marriage solemnized in Northern Ireland.

(2B) The Secretary of State may dispense with the requirement to obtain those consents if satisfied that it is not reasonably practicable to obtain the consent of any person whose consent is so required..

(6) In article 8 (declaration before marriage)—

(a)in paragraph (a), after sub-paragraph (ii) insert—

(iii)where the relevant part of the United Kingdom is Northern Ireland, that there is no impediment to the marriage such that the marriage would be void under Article 13 of the Matrimonial Causes (Northern Ireland) Order 1978;, and

(b)after paragraph (c) insert—

(d)where either party is under the age of 18 and the relevant part of the United Kingdom is Northern Ireland—

(i)that any consents to the marriage which are required in respect of that party have been obtained; or

(ii)that the necessity of obtaining any such consents in respect of that party has been dispensed with..

(7) In article 10 (register of marriages)—

(a)in paragraph (4)—

(i)after “Scotland”, in the first place it occurs, insert “or Northern Ireland”, and

(ii)after “Scotland”, in the second place it occurs, insert “or (as the case may be) the Registrar General for Northern Ireland”,

(b)in paragraph (5), after “Scotland” insert “or the Registrar General for Northern Ireland”, and

(c)in paragraph (6), after “Scotland” insert “or Northern Ireland”.

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