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Marriage and Civil Partnership (Minimum Age) Act 2022

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Marriage and Civil Partnership (Minimum Age) Act 2022

2022 Chapter 28

An Act to make provision about the minimum age for marriage and civil partnership; and for connected purposes.

Enacted [28th April 2022]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Marriage

I1I141 Marriage: increase of minimum age to 18

1 The Marriage Act 1949 is amended as follows.
2 In section 2 (marriages of persons under sixteen)—
a in the heading, for “sixteen” substitute “eighteen”;
b in the text, for “sixteen” substitute “eighteen”.
3 Omit section 3 (marriages of persons under eighteen).

I2I152 Offence of conduct relating to marriage of persons under 18

1 Section 121 of the Anti-social Behaviour, Crime and Policing Act 2014 (offence of forced marriage: England and Wales) is amended as follows.
2 After subsection (3) insert—
3 After subsection (5) insert—
4 In subsection (6)—
a after “(1)” insert “or subsection (3A)”;
b for “that subsection” substitute “either of those subsections”.
5 After subsection (7) insert—

Civil partnership

I3I163 Civil partnership: increase of minimum age to 18

1 The Civil Partnership Act 2004 is amended as follows.
2 In section 3 (eligibility), in subsection (1), in paragraph (c), for “16” substitute “18”.
3 Omit section 4 (parental etc. consent where proposed civil partner under 18).

I4I174 Civil partnerships etc. registered outside England and Wales

1 The Civil Partnership Act 2004 is amended as follows.
2 In section 54 (validity of civil partnerships registered outside England and Wales)—
a in subsection (1)—
i in paragraph (a), omit “and”;
ii after paragraph (a), insert—
;
b in subsection (2)—
i in paragraph (a), omit “and”;
ii after paragraph (a), insert—
;
c in subsection (2A)—
i in paragraph (a), omit “and”;
ii after paragraph (a), insert—
.
3 In section 217 (person domiciled in a part of the United Kingdom), in subsection (2), in paragraph (a), for “16” substitute “18”.

Final provisions

I5I185 Consequential amendments

1 The Schedule to this Act contains minor and consequential amendments.
2 The Secretary of State may by regulations made by statutory instrument make provision that is consequential on any provision made by this Act.
3 Regulations under this section—
a may include transitional or saving provision;
b may amend, repeal or revoke any provision of or made under primary legislation.
4 The provision referred to in subsection (3)(b) does not include a provision of legislation passed or made after the end of the session of Parliament in which this Act is passed.
5 A statutory instrument containing regulations under this section that amend, repeal or revoke primary legislation may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
6 Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
7 In this section “primary legislation” means—
a an Act;
b a Measure or Act of Senedd Cymru;
c an Act of the Scottish Parliament;
d Northern Ireland legislation.

I6I196 Extent

1 This Act extends to England and Wales only, subject to subsections (2) and (3).
2 Sections 4(3) and 5 to 9 also extend to Scotland and Northern Ireland.
3 An amendment or repeal made by the Schedule has the same extent as the provision amended or repealed.

I7I207 Commencement

1 The provisions of this Act come into force on such day as the Secretary of State may by regulations appoint.
2 Different days may be appointed for different purposes.
3 The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.
4 Regulations under this section are to be made by statutory instrument.

I8I218 Saving provisions

1 An amendment made by a provision of this Act does not affect the validity of—
a any marriage solemnised, or
b any civil partnership registered,
before the day on which that provision comes into force.
2 The amendment made by section 4(3) does not affect the treatment as a civil partnership of an overseas relationship that is registered under the relevant law as having been entered into before that provision comes into force.
3 In subsection (2)—
  • “overseas relationship” has the same meaning as in the Civil Partnership Act 2004 (see section 212(1) of that Act);
  • “the relevant law” has the same meaning as in Chapter 2 of Part 5 of that Act (see section 212(2) of that Act).

I9I229 Short title

This Act may be cited as the Marriage and Civil Partnership (Minimum Age) Act 2022.

Schedule 

Minor and consequential amendments

Section 5

I10I231 Marriage Act 1949

1 The Marriage Act 1949 is amended as follows.
2 In section 16 (provisions as to common licences), in subsection (1), omit paragraph (c).
3 In section 25 (void marriages), in subsection (2), in paragraph (c), omit “subsection (3) of section three or”.
4 In section 28 (declaration to accompany notice of marriage), in subsection (1), omit paragraph (c).
5 Omit section 30 (forbidding of issue of marriage schedule).
6 In section 31 (marriage under marriage schedule)—
a in subsection (2)—
i in paragraph (a) omit “or”;
ii omit paragraph (b);
b omit subsection (3A).
7 In section 48 (proof of certain matters not necessary to validity of marriages), in subsection (1), omit paragraph (b).
8 In section 75 (offences relating to solemnization of marriages), in subsection (3)—
a in paragraph (b), at the end insert “or”;
b omit paragraph (c).

I11I242 Marriage (Registrar General’s Licence) Act 1970

1 The Marriage (Registrar General’s Licence) Act 1970 is amended as follows.
2 In section 3 (evidence of capacity, consent etc., to be produced), omit paragraph (b).
3 Omit section 6 (marriage of persons under eighteen).
4 In section 7 (issue of licence by Registrar General)—
a in paragraph (a), omit “or”;
b omit paragraph (b).

I12I253 Matrimonial Causes Act 1973

In the Matrimonial Causes Act 1973, in section 11 (grounds on which a marriage is void), in paragraph (a), in sub-paragraph (ii), for “sixteen” substitute “eighteen”.

I13I264 Civil Partnership Act 2004

1 The Civil Partnership Act 2004 is amended as follows.
2 In section 5 (types of pre-registration procedure), in subsection (3)—
a in paragraph (a), omit “and”;
b omit paragraph (b).
3 In section 31 (offences relating to civil partnership schedule)—
a in subsection (1)—
i at the end of paragraph (a) insert “or”;
ii in paragraph (b) omit “or”;
iii omit paragraph (c);
b in subsection (2), in paragraph (d), omit “or (c)”.
4 In section 32 (offence relating to General Registrar’s licence), in subsection (2), in paragraph (d), omit “or (c)”.
5 In section 33 (offences relating to the recording of civil partnerships)—
a in subsection (5) omit “or (c)”;
b in subsection (7) omit “or (c)”.
6 In section 49 (grounds on which civil partnership is void)—
a at the end of paragraph (a) insert “or”;
b in paragraph (b), in sub-paragraph (vi) omit “or”;
c omit paragraph (c).
7 In section 52 (proof of certain matters not necessary to validity of civil partnership)—
a in subsection (1), omit paragraph (a);
b omit subsection (2).
8 In section 80 (false statements etc. with reference to civil partnerships), in subsection (1)—
a at the end of paragraph (b) insert “or”;
b omit paragraph (c).
9 Omit Schedule 2 (civil partnerships of persons under 18: England and Wales).

Footnotes

  1. I1
    S. 1 not in force at Royal Assent, see s. 7(1)
  2. I2
    S. 2 not in force at Royal Assent, see s. 7(1)
  3. I3
    S. 3 not in force at Royal Assent, see s. 7(1)
  4. I4
    S. 4 not in force at Royal Assent, see s. 7(1)
  5. I5
    S. 5 not in force at Royal Assent, see s. 7(1)
  6. I6
    S. 6 not in force at Royal Assent, see s. 7(1)
  7. I7
    S. 7 not in force at Royal Assent, see s. 7(1)
  8. I8
    S. 8 not in force at Royal Assent, see s. 7(1)
  9. I9
    S. 9 not in force at Royal Assent, see s. 7(1)
  10. I10
    Sch. para. 1 not in force at Royal Assent, see s. 7(1)
  11. I11
    Sch. para. 2 not in force at Royal Assent, see s. 7(1)
  12. I12
    Sch. para. 3 not in force at Royal Assent, see s. 7(1)
  13. I13
    Sch. para. 4 not in force at Royal Assent, see s. 7(1)
  14. I14
    S. 1 in force at 27.2.2023 by S.I. 2023/88, reg. 2 (with regs. 3-17)
  15. I15
    S. 2 in force at 27.2.2023 by S.I. 2023/88, reg. 2 (with regs. 3-17)
  16. I16
    S. 3 in force at 27.2.2023 by S.I. 2023/88, reg. 2 (with regs. 3-17)
  17. I17
    S. 4 in force at 27.2.2023 by S.I. 2023/88, reg. 2 (with regs. 3-17)
  18. I18
    S. 5 in force at 27.2.2023 by S.I. 2023/88, reg. 2 (with regs. 3-17)
  19. I19
    S. 6 in force at 27.2.2023 by S.I. 2023/88, reg. 2 (with regs. 3-17)
  20. I20
    S. 7 in force at 27.2.2023 by S.I. 2023/88, reg. 2 (with regs. 3-17)
  21. I21
    S. 8 in force at 27.2.2023 by S.I. 2023/88, reg. 2 (with regs. 3-17)
  22. I22
    S. 9 in force at 27.2.2023 by S.I. 2023/88, reg. 2 (with regs. 3-17)
  23. I23
    Sch. para. 1 in force at 27.2.2023 by S.I. 2023/88, reg. 2 (with regs. 3-17)
  24. I24
    Sch. para. 2 in force at 27.2.2023 by S.I. 2023/88, reg. 2 (with regs. 3-17)
  25. I25
    Sch. para. 3 in force at 27.2.2023 by S.I. 2023/88, reg. 2 (with regs. 3-17)
  26. I26
    Sch. para. 4 in force at 27.2.2023 by S.I. 2023/88, reg. 2 (with regs. 3-17)