The Marriage Act 1949 (Remedial) Order 2007

It appears to the Lord Chancellor, following a finding of the European Court of Human Rights1 after the coming into force of section 10 of the Human Rights Act 19982 in proceedings against the United Kingdom, that certain provisions of the Marriage Act 19493 are incompatible with an obligation of the United Kingdom arising from the Convention4.

The Lord Chancellor considers that there are compelling reasons for proceeding by way of a remedial Order to make such amendments to the Marriage Act 1949 as he considers necessary to remove the incompatibility.

In accordance with paragraph 2(a) of Schedule 2 to the Human Rights Act 1998, a draft of this instrument was laid before Parliament and was approved by a resolution of each House of Parliament, a document containing a draft of this instrument having previously been laid before Parliament in accordance with paragraph 3(1) of Schedule 2 to that Act.