HL Deb 26 April 1977 vol 382 cc391-2

6 Clause 3, page 3, line 10, leave out 'ordinarily'.

Lord KIRKHILL

My Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 6. As Clause 3(5) stood formerly, a person who has been ordinarily resident in the United Kingdom for two or more years, even though he is not domiciled in the United Kingdom, would be exempted from the requirement to provide a certificate from the country of his domicile. The Amendment removes the word "ordinarily". It has been suggested that the reference to "ordinarily resident" might cause some difficulty because "ordinary residence for two years" might necessitate residence for longer than that time in order that the "ordinary" character of the residence might be established. This is not the intention of the Government. The subparagraph is intended to apply to anyone who has been resident in the United Kingdom for two years or more immediately before giving notice of marriage. I beg to move that this House doth agree with the Commons in their Amendment.

Moved, That this House doth agree with the Commons in the said Amendment. —(Lord Kirkhill.)

Lord CAMPBELL of CROY

My Lords, the noble Lord, Lord Kirkhill, will know that I particularly welcome this Amendment because I raised this point when the Bill was passing through your Lordships' House. I indicated then that the expression "ordinarily resident" had been interpreted in many ways and that people who had been here as students for as long as seven years, for example, had been ruled as not coming within the expression "ordinarily resident" although the Government were thinking in terms of two years. This Amendment improves the drafting of the Bill.

On Question, Motion agreed to.