Chwilio Deddfwriaeth

Chwiliad Uwch

Marriage Act 1949

Status:

Point in time view as at 05/12/2005.

Changes to legislation:

Marriage Act 1949, Part III is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

Part IIIU.K. Marriage under Superintendent Registrar’s Certificate

Modifications etc. (not altering text)

C1Pt. III applied (S.) as to issue of certificates for marriage by Marriage (Scotland) Act 1956 (c. 70), s. 1(3)

Issue of certificatesU.K.

26 Marriages which may be solemnized on authority of superintendent registrar’s certificate.E+W

(1)Subject to the provisions of this Part of this Act, the following marriages may be solemnized on the authority of [F1two certificates] of a superintendent registrar—

(a)a marriage in a registered building according to such form and ceremony as the persons to be married see fit to adopt;

(b)a marriage in the office of a superintendent registrar;

[F2(bb)a marriage on approved premises;]

(c)a marriage according to the usages of the Society of Friends (commonly called Quakers);

(d)a marriage between two persons professing the Jewish religion according to the usages of the Jews;

[F3(dd)the marriage (other than a marriage in pursuance of paragraph (c) or (d) above) of a person who is house-bound or is a detained person at the place where he or she usually resides;]

(e)a marriage according to the rites of the Church of England [F4in any church or chapel in which banns of matrimony may be published.]

F5(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Words in s. 26(1) substituted (1.1.2001) by 1999 c. 33, s. 161(3); S.I. 2000/2698, art. 2

F2S. 26(1)(bb) inserted (1.4.1995) by 1994 c. 34, s. 1(1); S.I. 1995/424, art. 2(2)(a)

F5S. 26(2) repealed (1.1.2001) by 1999 c. 33, ss. 160(1), 169(3), Sch. 16; S.I. 2000/2698, art. 2

27 Notice of marriage.E+W

(1)Where a marriage is intended to be solemnized on the authority of [F6certificates] of a superintendent registrar F7. . ., notice of marriage in the prescribed form shall be given—

(a)if the persons to be married have resided in the same registration district for the period of seven days immediately before the giving of the notice, by [F8each] of those persons to the superintendent registrar of that district;

(b)if the persons to be married have not resided in the same registration district for the said period of seven days as aforesaid, by [F9each] of those persons to the superintendent registrar of [the registration district in which he or she has resided] for that period.

F10(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A notice of marriage shall state [F11the name and surname, occupation, place of residence and nationality of each of the persons to be married, whether either of them has previously been married or formed a civil partnership and, if so, how the marriage or civil partnership ended] and [F12in the case of a marriage intended to be solemnized at a person’s residence in pursuance of section 26(1)(dd) of this Act, which residence is to be the place of solemnization of the marriage and, in any other case,][F13the church or other building or premises in or on which] the marriage is to be solemnized and—

(a)F14. . . shall state the period, not being less than seven days, during which each of the persons to be married has resided in his or her place of residence;

F15(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.

(4)The superintendent registrar shall file all notices of marriage and keep them with the records of his office, and shall [F16subject to section 27A of this Act] also forthwith enter the particulars given in every such notice, together with the date of the notice and the name of the person by whom the notice was given, in a book (in this Act referred to as “the marriage notice book”) furnished to him for that purpose by the Registrar General, and the marriage notice book shall be open for inspection free of charge at all reasonable hours.

(5)If the persons to be married wish to be married in the presence of a registrar in a registered building for which an authorised person has been appointed, they shall, at the time when notice of marriage is given to the superintendent registrar under this section, give notice to him that they require a registrar to be present at the marriage.

(6)The superintendent registrar shall be entitled to a fee of [F17£30.00] for every entry made in the marriage notice book under this section.

[F18(7)The superintendent registrar shall be entitled to receive from any person intending to be married in pursuance of section 26(1)(dd) of this Act upon whom he attends at a place other than his office in order to be given notice of marriage under this section the sum of [F19£40.00].]

Textual Amendments

F6Word in s. 27(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 8; S.I. 2000/2698, art. 2

F7Words in s. 27(1) repealed (1.1.2001) by 1999 c. 33, ss. 160(2)(a), 169(3), Sch. 16; S.I. 2000/2698, art. 2

F8Word in s. 27(1)(a) substituted (1.1.2001) by 1999 c. 33, s. 161(1)(a); S.I. 2000/2698, art. 2

F9Words in s. 27(1)(b) substituted (1.1.2001) by 1999 c. 33, s. 161(1)(b); S.I. 2000/2698, art. 2

F10S. 27(2) repealed (1.1.2001) by 1999 c. 33, ss. 160(2)(b), 169(3), Sch. 16; S.I. 2000/2698, art. 2

F11Words in s. 27(3) substituted (15.4.2005 for specified purposes, 5.12.2005 in so far as not already in force) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 14; S.I. 2005/1112, art. 2, Sch. 1; S.I. 2005/3175, art. 2(2)

F13Words in s. 27(3) substituted (1.4.1995) by 1994 c. 34, s. 1(3), Sch. para. 2; S.I. 1995/424, art. 2(2)(a)

F14Words in s. 27(3)(a) repealed (1.1.2001) by 1999 c. 33, ss. 160(2)(c), 169(3), Sch. 16; S.I. 2000/2698, art. 2

F15S. 27(3)(b) repealed (1.1.2001) by 1999 c. 33, ss. 160(2)(d), 169(3), Sch. 16; S.I. 2000/2698, art. 2

F17Fee in s. 27(6) substituted (1.1.2001) by S.I. 1999/3311, art. 2, Sch. (as amended (1.1.2001) by S.I. 2000/3165, art. 2(b)) (which said S.I. 1999/3311 and S.I. 2000/3165 were revoked (1.4.2003) by S.I. 2002/3076, art. 3) and that same fee payable (1.4.2003) by virtue of S.I. 2002/3076, art. 2, Sch.

F19Fee in s. 27(7) payable (1.4.2000) by virtue of S.I. 1999/3311, art. 2, Sch. (which S.I. was revoked (1.4.2003) by S.I. 2002/3076, art. 3) and that same fee payable (1.4.2003) by virtue of S.I. 2002/3076, art. 2, Sch.

Modifications etc. (not altering text)

[F2027A Additional information required in certain cases.E+W

(1)This section applies in relation to any marriage intended to be solemnized at a person’s residence in pursuance of section 26(1)(dd) of this Act, and in the following provisions of this section that person is referred to as “the relevant person”.

(2)Where the relevant person is not a detained person, [F21each notice] of marriage required by section 27 of this Act shall be accompanied by a medical statement relating to that person made not more than fourteen days before the date on which the notice is given.

(3)Where the relevant person is a detained person, [F21each notice] of marriage required by section 27 of this Act shall be accompanied by a statement made in the prescribed form by the responsible authority not more than twenty-one days before the date on which notice of the marriage is given under section 27—

(a)identifying the establishment where the person is detained; and

(b)stating that the responsible authority has no objection to that establishment being specified in the notice of marriage as the place where that marriage is to be solemnized.

(4)[F22Each person] who gives notice of the marriage to the superintendent registrar in accordance with section 27 of this Act shall give the superintendent registrar the prescribed particulars, in the prescribed form, of the person by or before whom the marriage is intended to be solemnized.

(5)The superintendent registrar shall not enter the particulars given in the notice of the marriage in the marriage notice book until he has received the statement and the particulars required by subsections (2) or (3) and (4) of this section.

(6)The fact that a superintendent registrar has received a statement under subsection (2) or (as the case may be) (3) of this section shall be entered in the marriage notice book together with the particulars given in the notice of marriage and any such statement together with the form received under subsection (4) of this section shall be filed and kept with the records of the office of the superintendent register or, where notice of marriage is required to be given to two superintendent registrars, of [F23each] of them.

(7)In this section—

  • “medical statement”, in relation to any person, means a statement made in the prescribed form by a registered medical practitioner that in his opinion at the time the statement is made—

(a)by reason of illness or disability, he or she ought not to move or be moved from the place where he or she is at the time, and

(b)it is likely that it will be the case for at least the following three months that by reason of the illness or disability he or she ought not to move or be moved from that place; and

  • “registered medical practitioner” has the meaning given by Schedule 1 to the Interpretation Act M11978; and

  • “responsible authority” means—

(a)if the person is detained in a hospital (within the meaning of Part II of the Mental Health Act M21983), the managers of that hospital (within the meaning of section 145(1) of that Act); or

(b)if the person is detained in a prison or other place to which the Prison Act M31952 applies, the governor or other officer for the time being in charge of that prison or other place.]

Textual Amendments

F21Words in s. 27A(2)(3) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 9(a); S.I. 2000/2698, art. 2

F22Words in s. 27A(4) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 9(b); S.I. 2000/2698, art. 2

F23Words in s. 27A(6) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 9(c); S.I. 2000/2698, art. 2

Marginal Citations

[F2427B Provisions relating to section 1(3) marriages.E+W

(1)This section applies in relation to any marriage mentioned in subsection (2) of section 1 of this Act which is intended to be solemnized on the authority of [F25certificates] of a superintendent registrar.

(2)The superintendent registrar shall not enter notice of the marriage in the marriage notice book unless—

(a)he is satisfied by the production of evidence that both the persons to be married have attained the age of twenty-one; and

(b)he has received a declaration made in the prescribed form by each of those persons, each declaration having been signed and attested in the prescribed manner, specifying their affinal relationship and declaring that the younger of those persons has not at any time before attaining the age of eighteen been a child of the family in relation to the other.

(3)The fact that a superintendent registrar has received a declaration under subsection (2) of this section shall be entered in the marriage notice book together with the particulars given in the notice of marriage and any such declaration shall be filed and kept with the records of the office of the superintendent registrar or, where notice of marriage is required to be given to two superintendent registrars, of each of them.

(4)Where the superintendent registrar receives from some person other than the persons to be married a written statement signed by that person which alleges that the declaration made under subsection (2) of this section is false in a material particular, the superintendent registrar shall not issue a certificate F26. . . unless a declaration is obtained from the High Court under subsection (5) of this section.

(5)Either of the persons to be married may, whether or not any statement has been received by the superintendent registrar under subsection (4) of this section, apply to the High Court for a declaration that, both those persons having attained the age of twenty-one and the younger of those persons not having at any time before attaining the age of eighteen been a child of the family in relation to the other, there is no impediment of affinity to the solemnization of the marriage; and where such a declaration is obtained the superintendent registrar may enter notice of the marriage in the marriage notice book and may issue a certificate F27. . . whether or not any declaration has been made under subsection (2) of this section.

(6)Section 29 of this Act shall not apply in relation to a marriage to which this section applies, except so far as a caveat against the issue of a certificate F26. . . for the marriage is entered under that section on a ground other than the relationship of the persons to be married.]

Textual Amendments

F25Word in s. 27B(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 10(a); S.I. 2000/2698, art. 2

F26Words in s. 27B(4)(6) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 10(b), Sch. 16; S.I. 2000/2698, art. 2

F27Words in s. 27B(5) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 10(c), Sch. 16; S.I. 2000/2698, art. 2

[F2827C Provisions relating to section 1(5) marriages.E+W

In the case of a marriage mentioned in subsection (4) of section 1 of this Act which by virtue of subsection (5) of that section is valid only if at the time of the marriage both the parties to the marriage have attained the age of twenty-one and the death has taken place of two other persons related to those parties in the manner mentioned in the said subsection (5), the superintendent registrar shall not enter notice of the marriage in the marriage notice book unless satisfied by the production of evidence—

(a)that both the parties to the marriage have attained the age of twenty-one, and

(b)that both those other persons are dead.]

Textual Amendments

28 Declaration to accompany notice of marriage. E+W

(1)No certificate F29. . . for marriage shall be issued by a superintendent registrar unless the notice of marriage is accompanied by a solemn declaration in writing, in the body or at the foot of the notice, made and signed at the time of the giving of the notice by the person by whom the notice is given and attested as mentioned in subsection (2) of this section—

(a)that he or she believes that there is no impediment of kindred or alliance or other lawful hindrance to the marriage;

F30[(b)that the persons to be married have for the period of 7 days immediately before the giving of the notice had their usual places of residence within the registration district or registration districts in which notice is given;]

(c)where one of the persons to be married is [F31an infant][F31a child] and is not a widower or widow, that the consent of the person or persons whose consent to the marriage is required under section three of this Act has been obtained, that the necessity of obtaining any such consent has been dispensed with under that section, that the court has consented to the marriage under that section, or that there is no person whose consent to the marriage is so required.

(2)Any such declaration as aforesaid shall be signed by the person giving the notice of marriage in the presence of the superintendent registrar to whom the notice is given or his deputy, or in the presence of a registrar of births and deaths or of marriages for the registration district in which the person giving the notice resides or his deputy, and that superintendent registrar, deputy superintendent registrar, registrar or deputy registrar, as the case may be, shall attest the declaration by adding thereto his name, description and place of residence.

Textual Amendments

F29Words in s. 28(1) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 11, Sch. 16; S.I. 2000/2698, art. 2

F30S. 28(1)(b) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 11, Sch. 16; S.I. 2000/2698, art. 2

F31Words “a child” substituted (E.W.) for words “an infant” by Family Law Reform Act 1987 (c. 42 SIF 49:7), ss. 33(1), 34(2)(5), Sch. 2 para. 9

Modifications etc. (not altering text)

C3S. 28 (except s. 28(1)(b)) applied (with modifications) by Marriage (Registrar General's Licence) Act 1970 (c. 34), s. 2(3)

C4S. 28(1) applied (with modifications) by Marriage (Scotland) Act 1956 (c. 70), s. 1(2)(c)

[F3228A Power to require evidence.E+W

(1)A superintendent registrar to whom a notice of marriage is given under section 27, or any other person attesting a declaration accompanying such a notice, may require the person giving the notice to provide him with specified evidence—

(a)relating to that person; or

(b)if the superintendent registrar considers that the circumstances are exceptional, relating to each of the persons to be married.

(2)Such a requirement may be imposed at any time—

(a)on or after the giving of the notice of marriage; but

(b)before the superintendent registrar issues his certificate under section 31.

[F33(3)“Specified evidence”, in relation to a person, means such evidence as may be specified in guidance issued by the Registrar General—

(a)of the person’s name and surname,

(b)of the person’s age,

(c)as to whether the person has previously been married or formed a civil partnership and, if so, as to the ending of the marriage or civil partnership, and

(d)of the person’s nationality.]]

Textual Amendments

F32S. 28A and sidenote inserted (1.1.2001) by 1999 c. 33, s. 162(1); S.I. 2000/2698, art. 2

29 Caveat against issue of certificate or licence. E+W

(1)Any person . . . F34 may enter a caveat with the superintendent registrar against the issue of a certificate F35. . . for the marriage of any person named therein.

(2)If any caveat is entered as aforesaid, the caveat having been signed by or on behalf of the person by whom it was entered and stating his place of residence and the ground of objection on which the caveat is founded, no certificate F35. . . shall be issued until the superintendent registrar has examined into the matter of the caveat and is satisfied that it ought not to obstruct the issue of the certificate F35. . ., or until the caveat has been withdrawn by the person who entered it; and if the superintendent registrar is doubtful whether to issue a certificate F35. . . he may refer the matter of the caveat to the Registrar General.

(3)Where a superintendent registrar refuses, by reason of any such caveat as aforesaid, to issue a certificate F35. . ., the person applying therefor may appeal to the Registrar General who shall either confirm the refusal or direct that a certificate F35. . . shall be issued.

(4)Any person who enters a caveat against the issue of a certificate F35. . . on grounds which the Registrar General declares to be frivolous and to be such that they ought not to obstruct the issue of the certificate F35. . ., shall be liable for the costs of the proceedings before the Registrar General and for damages recoverable by the person against whose marriage the caveat was entered.

(5)For the purpose of enabling any person to recover any such costs and damages as aforesaid, a copy of the declaration of the Registrar General purporting to be sealed with the seal of the General Register Office shall be evidence that the Registrar General has declared the caveat to have been entered on grounds which are frivolous and such that they ought not to obstruct the issue of the certificate F35. . ..

Textual Amendments

F34Words repealed by S.I. 1968/1242

F35Words in s. 29 repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 12, Sch. 16; S.I. 2000/2698, art. 2

Modifications etc. (not altering text)

30 Forbidding of issue of certificate.E+W

Any person whose consent to a marriage intended to be solemnized on the authority of F36. . . of a superintendent registrar is required under section three of this Act may forbid the issue of such a certificate by writing, at any time before the issue of the certificate, the word “forbidden” opposite to the entry of the notice of marriage in the marriage notice book, and by subscribing thereto his name and place of residence and the capacity, in relation to either of the persons to be married, in which he forbids the issue of the certificate; and where the issue of a certificate has been so forbidden, the notice of marriage and all proceedings thereon shall be void:

Provided that where, by virtue of paragraph (b) of the proviso to subsection (1) of the said section three, the court has consented to a marriage and the consent of the court has the same effect as if it had been given by a person whose consent has been refused, that person shall not be entitled to forbid the issue of a certificate for that marriage under this section, and the notice of marriage and the proceedings thereon shall not be void by virtue of this section.

Textual Amendments

F36Words in s. 30 repealed (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 13; S.I. 2000/2698, art. 2

31 Marriage under certificate without licence.E+W

(1)Where a marriage is intended to be solemnized on the authority of [F37certificates] of a superintendent registrar F38. . ., the superintendent registrar to whom notice of marriage has been given shall suspend or affix in some conspicuous place in his office, for [F3915] successive days next after the day on which the notice was entered in the marriage book, the notice of marriage, or an exact copy signed by him of the particulars thereof as entered in the marriage notice book.

(2)At the expiration of the said period of [F4015] days the superintendent registrar, on the request of the person by whom the notice of marriage was given, shall issue a certificate in the prescribed form unless—

F41[(a)the superintendent registrar is not satisfied that there is no lawful impediment to the issue of the certificate; or]

(b)the issue of the certificate has been forbidden under the last foregoing section by any person authorised in that behalf.

(3)Every such certificate shall set out the particulars contained in the notice of marriage and the day on which the notice was entered in the marriage notice book and shall contain a statement that the issue of the certificate has not been forbidden as aforesaid.

(4)No marriage shall be solemnized on the production of [F37certificates] of a superintendent registrar F42. . . until after the expiration of the [F43waiting period in relation to each notice of marriage].

F44[(4A) “The waiting period”, in relation to a notice of marriage, means—

(a)the period of 15 days, or

(b)such shorter period as may be determined by the Registrar General under subsection (5A) or by a superintendent registrar under any provision of regulations made under subsection (5D),

after the day on which the notice of marriage was entered in the marriage notice book.]

(5)Where a marriage is to be solemnized in a registered building for which an authorised person has been appointed and no notice requiring a registrar to be present at the marriage has been given to the superintendent registrar under subsection (5) of section twenty-seven of this Act, the superintendent registrar shall, when issuing a certificate under this section, give to [F45the person by whom notice of marriage was given] printed instructions in the prescribed form for the due solemnization of the marriage.

F46[(5A)If, on an application made to the Registrar General, he is satisfied that there are compelling reasons for reducing the 15 day period because of the exceptional circumstances of the case, he may reduce that period to such shorter period as he considers appropriate.

(5B) “The 15 day period” means the period of 15 days mentioned in subsections (1) and (2).

(5C)If the Registrar General reduces the 15 day period in a particular case, the reference to 15 days in section 75(3)(a) is to be treated, in relation to that case, as a reference to the reduced period.

(5D)The Registrar General may by regulations make provision with respect to the making, and granting, of applications under subsection (5A).

(5E)The regulations—

(a)may provide for the power conferred by subsection (5A) to be exercised by a superintendent registrar on behalf of the Registrar General in cases falling within a category prescribed in the regulations;

(b)may provide for the making of an appeal to the Registrar General against a decision taken by a superintendent registrar in accordance with regulations made by virtue of paragraph (a);

(c)may make different provision in relation to different cases;

(d)require the approval of the Chancellor of the Exchequer.

(5F)The Chancellor of the Exchequer may by order provide for a fee, of such an amount as may be specified in the order, to be payable on an application under subsection (5A).

(5G)The order may make different provision in relation to different cases.

(5H)The power to make regulations under subsection (5D) or an order under subsection (5F) is exercisable by statutory instrument.

(5I)Any statutory instrument made under subsection (5F) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

Textual Amendments

F37Word in s. 31(1)(4) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 14(a); S.I. 2000/2698, art. 2

F38Words in s. 31(1) repealed (1.1.2001) by 1999 c. 33, ss. 160(4)(a), 169(3), Sch. 16; S.I. 2000/2698, art. 2

F39Word in s. 31(1) substituted (1.1.2001) by 1999 c. 33, ss. 160(4)(a), 169(3), Sch. 16; S.I. 2000/2698, art. 2

F40Word in s. 31(2) substituted (1.1.2001) by 1999 c. 33, ss. 160(4)(b), 169(3); S.I. 2000/2698, art. 2

F41S. 31(2)(a) substituted (1.1.2001) by 1999 c. 33, s. 163(1); S.I. 2000/2698, art. 2

F42Words in s. 31(4) repealed (1.1.2001) by 1999 c. 33, ss. 160(4)(c), 169(3), Sch. 16; S.I. 2000/2698, art. 2

F43Words in s. 31(4) substituted (1.1.2001) by 1999 c. 33, ss. 160(4)(c), 169(3); S.I. 2000/2698, art. 2

F44S. 31(4A) inserted (1.1.2001) by 1999 c. 33, s. 160(5); S.I. 2000/2698, art. 2

F45Words in s. 31(5) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 14(b); S.I. 2000/2698, art. 2

F46S. 31(5A)-(5I) inserted (1.1.2001) by 1999 c. 33, s. 160(6); S.I. 2000/2698, art. 2

F47S. 31(6) repealed by S.I. 1968/1242

Modifications etc. (not altering text)

C6S. 31(5F): by virtue of S.I. 1999/3311, art. 2, Sch. (as amended by S.I. 2000/3165, art. 2(c)) (which said S.I. 1999/3311 and S.I. 2000/3165 were revoked (1.4.2003) by S.I. 2002/3076, art. 3) £28.00 is the fee payable (1.1.2001) for an application under s. 31(5A) and that same fee payable (1.4.2003) by virtue of S.I. 2002/3076, art. 2, Sch.

[F4831A Appeal on refusal under section 31(2)(a).E+W

(1)If, relying on section 31(2)(a), a superintendent registrar refuses to issue a certificate, the person applying for it may appeal to the Registrar General.

(2)On such an appeal, the Registrar General must—

(a)confirm the refusal; or

(b)direct that a certificate be issued.

(3)If—

(a)relying on section 31(2)(a), a superintendent registrar refuses to issue a certificate as a result of a representation made to him, and

(b)on an appeal against the refusal, the Registrar General declares the representation to have been frivolous and to be such that it ought not to obstruct the issue of a certificate,

the person making the representation is liable for the costs of the proceedings before the Registrar General and for damages recoverable by the applicant for the certificate.

(4)For the purpose of enabling a person to recover any such costs and damages, a copy of the declaration of the Registrar General purporting to be sealed with the seal of the General Register Office is evidence that the Registrar General has declared the representation to have been frivolous and to be such that it ought not to obstruct the issue of a certificate.]

Textual Amendments

F48S. 31A and sidenote inserted (1.1.2001) by 1999 c. 33, s. 163(2); S.I. 2000/2698, art. 2

F4932. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F49S. 32 repealed (1.1.2001) by 1999 c. 33, ss. 160(3), 169(3), Sch. 16; S.I. 2000/2698, art. 2

[F5033 Period of validity of certificate.E+W

(1)A marriage may be solemnized on the authority of certificates of a superintendent registrar at any time within the period which is the applicable period in relation to that marriage.

(2)If the marriage is not solemnized within the applicable period—

(a)the notices of marriage and the certificates are void; and

(b)no person may solemnize the marriage on the authority of those certificates.

(3)The applicable period, in relation to a marriage, is the period beginning with the day on which the notice of marriage was entered in the marriage notice book and ending—

(a)in the case of a marriage which is to be solemnized in pursuance of section 26(1)(dd), 37 or 38, on the expiry of three months; and

(b)in the case of any other marriage, on the expiry of twelve months.

(4)If the notices of marriage given by each person to be married are not given on the same date, the applicable period is to be calculated by reference to the earlier of the two dates.]

Textual Amendments

F50S. 33 and sidenote substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 15; S.I. 2000/2698, art. 2

[F5134 Marriages normally to be solemnized in registration district in which one party resides.E+W

Subject to section 35, a superintendent registrar may not issue a certificate for the solemnization of a marriage elsewhere than within a registration district in which one of the persons to be married has resided for 7 days immediately before the giving of the notice of marriage.]

Textual Amendments

F51S. 34 and sidenote substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 16; S.I. 2000/2698, art. 2

35 Marriages in registration district in which neither party resides.E+W

(1)A superintendent registrar may issue a certificate F52. . . for the solemnization of a marriage in a registered building which is not within a registration district in which either of the persons to be married resides, where the person giving the notice of marriage declares by endorsement thereon in the prescribed form—

[F53(a)that the persons to be married desire the marriage to be solemnized according to a specified form, rite or ceremony, being a form, rite or ceremony of a body or denomination of christians or other persons meeting for religious worship to which one of them professes to belong.]

(b)that, to the best of his or her belief, there is not within the registration district in which one of them resides any registered building in which marriage is solemnized according to that form, rite or ceremony;

(c)the registration district nearest to the residence of that person in which there is a registered building in which marriage may be so solemnized; and

(d)the registered building in that district in which the marriage is intended to be solemnized;

and where any such certificate [F54is issued in respect of each of the persons to be married], the marriage may be solemnized in the registered building stated in the notice.

[F55(2)A superintendent registrar may issue a certificate F56. . . for the solemnization of a marriage in a registered building which is the usual place of worship of the persons to be married, or of one of them, notwithstanding that the building is not within a registration district in which either of those persons resides.]

[F57(2A)A superintendent registrar may issue a certificate F58. . . for the solemnization of a marriage in the office of another superintendent registrar, notwithstanding that the office is not within a registration district in which either of the persons to be married resides.]

[F59(2B)A superintendent registrar may issue a certificate F58. . . for the solemnization of a marriage on approved premises, notwithstanding that the premises are not within a registration district in which either of the persons to be married resides.]

(3)A superintendent registrar may issue a certificate for the solemnization of a marriage in any parish church or authorised chapel which is the usual place of worship of the persons to be married, or of one of them, notwithstanding that the church or chapel is not within a registration district in which either of those persons resides.

(4)A superintendent registrar may issue a certificate F56. . . for the solemnization of a marriage according to the usages of the Society of Friends or in accordance with the usages of persons professing the Jewish religion, notwithstanding that the building or place in which the marriage is to be solemnized is not within a registration district in which either of the persons to be married resides.

(5)Where a marriage is intended to be solemnized on the authority of [F60certificates]of a superintendent registrar issued under subsection (2) or subsection (3) of this section, [F61each notice] of marriage given to the superintendent registrar and [F62each certificate] issued by the superintendent registrar shall state, in addition to the description of the registered building or, as the case may be, the parish church or authorised chapel, in which the marriage is to be solemnized, that it is the usual place of worship of the persons to be married or of one of them and, in the latter case, shall state the name of the person whose usual place of worship it is.

Textual Amendments

F52Words in s. 35(1) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 17(1)(2)(a), Sch. 16; S.I. 2000/2698, art. 2

F54Words in s. 35(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 17(1)(2)(b); S.I. 2000/2698, art. 2

F56Words in s. 35(2)(4) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 17(1)(3), Sch. 16; S.I. 2000/2698, art. 2

F57S. 35(2A) inserted (1.1.1995) by 1994 c. 34, s. 2(1); S.I. 1994/3116, art. 2(a)

F58Words in s. 35(2A)(2B) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 17(1)(4), Sch. 16; S.I. 2000/2698, art. 2

F59S. 35(2B) inserted (1.4.1995) by 1994 c. 34, s. 2(1); S.I. 1995/424, art. 2(2)

F60Words in s. 35(5) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 17(1)(5)(a); S.I. 2000/2698, art. 2

F61Words in s. 35(5) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 17(1)(5)(b); S.I. 2000/2698, art. 2

F62Words in s. 35(5) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 17(1)(5)(c); S.I. 2000/2698, art. 2

F6336. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

37 One party resident in Scotland.E+W

(1)Where a marriage is intended to be solemnized in England on the authority of [F64certificates] of a superintendent registrar F65. . . between parties of whom one is residing in Scotland and the other is residing in England, the following provisions shall have effect—

[F66(a)the party residing in Scotland may give notice of the intended marriage in accordance with section 7 of the Marriage (Scotland) Act 1977;]

(b)the party residing in England may, subject to and in accordance with the provisions of sections twenty-seven [F6727A] and twenty-eight of this Act, give notice of the intended marriage as if both parties were residing in different registration districts in England, and the provisions of this Part of this Act relating to notices of marriage and the issue of certificates for marriage shall apply accordingly;

[F68(c)a certificate issued under section 7(2) of the Marriage (Scotland) Act 1977 to a party shall, for the purpose of that party’s intended marriage, have the like force and effect in all respects as a certificate for marriage issued by a superintendent registrar under this Part of this Act;]

(d)for the purposes of section thirty-three of this Act the notice given in Scotland shall be deemed to have been entered in a marriage notice book by a superintendent registrar in England on the day on which it was given.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

Textual Amendments

F64Word in s. 37(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 19(a); S.I. 2000/2698, art. 2

F65Words in s. 37(1) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 19(b), Sch. 16; S.I. 2000/2698, art. 2

F66S. 37(1)(a) substituted by Marriage (Scotland) Act 1977 (c. 15, SIF 49:2), Sch. 2 para. 4(a) (subject to a saving in s. 27(3) in relation to marriages before 1.1.1978)

F68S. 37(1)(c) substituted by Marriage (Scotland) Act 1977 (c. 15, SIF 49:2), s. 28(1), Sch. 2 para. 4(b) (subject to a saving in s. 27(3) in relation to marriages before 1.1.1978)

F69S. 37(2) repealed by Marriage (Scotland) Act 1977 (c. 15, SIF 49:2), s. 28(2), Sch. 3 (subject to a saving in s. 27(3) in relation to marriages before 1.1.1978)

38 One party resident in Northern Ireland.E+W

(1)Where a marriage is intended to be solemnized in England on the authority of [F70certificates] of a superintendent registrar F71. . . between parties of whom one is residing in Northern Ireland and the other is residing in England, the party residing in Northern Ireland may give notice of marriage in the form used for that purpose in Northern Ireland or to the like effect to the registrar of the district in Northern Ireland in which he or she has resided for not less than seven days immediately before the giving of the notice.

(2)Any such notice as aforesaid shall state the name and surname, marital status, occupation, age [F72, place of residence and nationality] of each of the persons to be married and the period, not being less than seven days, during which each of them has resided in that place and the [F73church or other building in which][F73place where] the marriage is to be solemnized:

Provided that if either of the persons to be married has resided in the place stated in the notice for more than one month, the notice may state that he or she has resided there for more than one month.

(3)Any such notice as aforesaid shall be dealt with, and a certificate for marriage issued by the registrar, in the manner prescribed by the M4Marriages (Ireland) Act, 1844, as amended by the M5Marriages (Ireland) Act, 1846, and the M6Marriage Law (Ireland) Amendment Act, 1863:

Provided that the registrar shall not issue a certificate until the expiration of [F7415] days from the day on which the notice was entered in the marriage notice book required to be kept under the said Marriages (Ireland) Act, 1844.

(4)The production to the person by whom the marriage is to be solemnized of a certificate issued under the last foregoing subsection shall be as valid for authorising that person to solemnize the marriage as the production of a certificate for marriage of a superintendent registrar of a registration district in England would be in the case of a person residing in that district.

Textual Amendments

F70Word in s. 38(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 20(1)(2)(a); S.I. 2000/2698, art. 2

F71Words in s. 38(1) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 20(1)(2)(b), Sch. 16; S.I. 2000/2698, art. 2

F72Words in s. 38(2) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 20(3); S.I. 2000/2698, art. 2

F73Words “place where” substituted (E.W.) for words “church or other building in which” by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 9

F74Words in s. 38(3) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 20(4); S.I. 2000/2698, art. 2

Marginal Citations

39 Issue of certificates on board His Majesty’s ships.E+W

(1)Where a marriage is intended to be solemnized in England on the authority of [F75certificates] of a superintendent registrar F76. . . between parties of whom one is residing in England and the other is an officer, seaman, or marine borne on the books of one of His Majesty’s ships at sea, the last-mentioned party may give notice of his intention to the captain or other officer commanding the ship, together with the name and address of the other party to the marriage, and such other information as may be necessary to enable the captain or other officer to fill up a certificate under this section, and shall at the same time make and sign such a declaration as is required by section twenty-eight of this Act, and the captain or other officer may attest the declaration and thereupon issue a certificate to the officer, seaman or marine giving the notice.

(2)A certificate issued under this section shall be in such form as may be prescribed by the Admiralty and shall have the like force and effect as a certificate issued by a superintendent registrar under this Part of this Act, and all provisions of this Act (including penal provisions [F77but [F78excluding sections 27A and 27B]]) relating to notices and declarations for obtaining certificates from superintendent registrars and to such certificates shall apply in the case of certificates issued under this section, subject to such adaptations therein as may be made by His Majesty by Order in Council.

(3)Where a marriage is intended to be solemnized in England as aforesaid and a certificate has been issued to one of the parties under this section, the superintendent registrar of the registration district in which the other party is residing may accept notice of marriage given by that party, subject to and in accordance with the provisions of sections twenty-seven [F7927A] and twenty-eight of this Act, as if both parties were residing in different registration districts in England, and the provisions of this Part of this Act relating to notices of marriage and the issue of certificates for marriage shall apply accordingly.

Textual Amendments

F75Word in s. 39(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 21(a); S.I. 2000/2698, art. 2

F76Words in s. 39(1) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 21(b), Sch. 16; S.I. 2000/2698, art. 2

Modifications etc. (not altering text)

C7Words “excluding section 27A” substituted (E.W.) for words “excluding sections 27A and 27B” as provided by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), s. 1(6), Sch. 1 para. 6(b)

[F8039AMarriage of former civil partners one of whom has changed sexU.K.

(1)This section applies if—

(a)a court—

(i)makes final a nullity order which annuls a civil partnership on the ground that an interim gender recognition certificate has been issued to one of the civil partners, or

(ii)(in Scotland) grants a decree of dissolution of a civil partnership on that ground,

and, on doing so, issues a full gender recognition certificate (under section 5A(1) of the Gender Recognition Act 2004) to that civil partner, and

(b)the former civil partners wish to marry each other in England or Wales in accordance with this Part without being delayed by the waiting period.

(2)For the purposes of this section the relevant period is the period—

(a)beginning with the issue of the full gender recognition certificate, and

(b)ending at the end of 1 month from the day on which it is issued.

(3)If either of the former civil partners —

(a)gives notice of marriage in accordance with this Part during the relevant period, and

(b)on doing so, makes an election under this section,

this Act applies with the modifications set out in subsections (4) to (6).

(4)In section 31 (marriage under certificates)—

(a)omit subsections (1), (4), (4A) and (5A) to (5I), and

(b)in subsection (2), for “At the expiration of the said period of 15 days”, substitute “As soon as notice of marriage has been given,”.

(5)For section 33(3) (period of validity of certificate: applicable period) substitute —

“(3)The applicable period, in relation to a marriage, is the period of 1 month beginning with the day on which the notice of marriage was entered in the marriage notice book.”

(6)In section 75 (offences relating to solemnization of marriages), omit subsections (2)(d), (2A) and (3)(a).

(7)Where one of the former civil partners is residing in Scotland—

(a)this section applies as if subsection (3) referred to the giving of notice and the making of an election by the former civil partner residing in England or Wales, and

(b)section 37(d) does not apply.

(8)In subsection (1)(b), “the waiting period” has the meaning given by section 31(4A).]

Textual Amendments

40 Forms of certificates to be furnished by Registrar General.E+W

(1)The Registrar General shall furnish to every superintendent registrar a sufficient number of forms of certificates for marriage.

F81(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Marriages in registered buildingsE+W

41 Registration of buildings.E+W

(1)Any proprietor or trustee of a . . . F82 building, which has been certified as required by law as a place of religious worship may apply to the superintendent registrar of the registration district in which the building is situated for the building to be registered for the solemnization of marriages therein.

[F83(2)Any person making such an application as aforesaid shall deliver to the superintendent registrar a certificate, signed in duplicate by at least twenty householders and dated not earlier than one month before the making of the application, stating that the building is being used by them as their usual place of public religious worship and that they desire that the building should be registered as aforesaid, and both certificates shall be countersigned by the proprietor or trustee by whom they are delivered.]

(3)The superintendent registrar shall send both certificates delivered to him under the last foregoing subsection to the Registrar General who shall register the building in a book to be kept for that purpose in the General Register Office.

(4)The Registrar General shall endorse on both certificates sent to him as aforesaid the date of the registration, and shall keep one certificate with the records of the General Register Office and shall return the other certificate to the superintendent registrar who shall keep it with the records of his office.

(5)On the return of the certificate under the last foregoing subsection, the superintendent registrar shall—

(a)enter the date of the registration of the building in a book to be provided for that purpose by the Registrar General;

(b)give a certificate of the registration signed by him, on durable materials, to the proprietor or trustee by whom the certificates delivered to him under subsection (2) of this section were countersigned; and

(c)give public notice of the registration of the building by advertisement in some newspaper circulating in the county in which the building is situated and in the London Gazette.

(6)For every entry, certificate and notice made or given under the last foregoing subsection the superintendent registrar shall be entitled to receive, at the time of the delivery of the certificates under subsection (2) of this section, the sum of [F84£120.00]

[F85(7)A building may be registered for the solemnization of marriages under this section whether it is a separate building or forms part of another building.]

Textual Amendments

F84Fee in s. 41(6) substituted (1.4.1998) by S.I. 1997/2939, art. 2, Sch. (which S.I. was revoked (1.4.1999) by S.I. 1998/3171, art. 3) and that same fee payable: (1.4.1999) by virtue of S.I. 1998/3171, art. 2, Sch. (which S.I. was revoked (1.4.2000) by S.I. 1999/3311, art. 3); (1.4.2000) by virtue of S.I. 1999/3311, art. 2, Sch. (which said S.I. was revoked (1.4.2003) by S.I. 2002/3076, art. 3); (1.4.2003) by virtue of S.I. 2002/3076, art. 2, Sch.

42 Cancellation of registration and substitution of another building.E+W

(1)Where, on an application made by or through the superintendent registrar of the registration district in which the building is situated, it is shown to the satisfaction of the Registrar General that a registered building is no longer used for the purpose of public religious worship by the congregation on whose behalf it was registered, he shall cause the registration to be cancelled . . . F86

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87

(3)Where the Registrar General cancels the registration of any building, . . . F86, under this section, he shall inform the superintendent registrar who shall enter that fact and the date thereof in the book provided for the registration of buildings, and shall certify and publish the cancellation . . . F86, in the manner provided by subsection (5) of the last foregoing section in the case of the . . . F86 registration of a building.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F87

(5)Where the registration of any building has been cancelled, . . . F86 under this section, it shall not be lawful to solemnize any marriage in the disused building, unless the building has been registered again in accordance with the provisions of this Part of this Act.

Textual Amendments

43 Appointment of authorised persons.E+W

(1)For the purpose of enabling marriages to be solemnized in a registered building without the presence of a registrar, the trustees or governing body of that building may authorise a person to be present at the solemnization of marriages in that building and, where a person is so authorised in respect of any registered building, the trustees or governing body of that building shall, within the prescribed time and in the prescribed manner, certify the name and address of the person so authorised to the Registrar General and to the superintendent registrar of the registration district in which the building is situated.

[F88Provided that, in relation to a building which becomes registered after the thirty-first day of December, nineteen hundred and fifty-eight, the power conferred by this subsection to authorise a person to be present as aforesaid shall not be exercisable before the expiration of one year from the date of registration of the building or, where the congregation on whose behalf the building is registered previously used for the purpose of public religious worship another building of which the registration has been cancelled not earlier than one month before the date of registration aforesaid, one year from the date of registration of that other building.]

(2)Any person whose name and address have been certified as aforesaid is in this Act referred to as an “authorised person”.

(3)Nothing in this section shall be taken to relate or have any reference to marriages solemnized according to the usages of the Society of Friends or of persons professing the Jewish religion.

Textual Amendments

44 Solemnization of marriage in registered building.E+W

(1)Subject to the provisions of this section, where [F89the notices of marriage and certificates] issued by a superintendent registrar state that a marriage between the persons named therein is intended to be solemnized in a registered building, the marriage may be solemnized in that building according to such form and ceremony as those persons may see fit to adopt:

Provided that no marriage shall be solemnized in any registered building without the consent of the minister or of one of the trustees, owners, deacons or managers thereof, or in the case of a registered building of the Roman Catholic Church, without the consent of the officiating minister thereof.

(2)Subject to the provisions of this section, a marriage solemnized in a registered building shall be solemnized with open doors in the presence of two or more witnesses and in the presence of either—

(a)a registrar of the registration district in which the registered building is situated, or

(b)an authorised person whose name and address have been certified in accordance with the last foregoing section by the trustees or governing body of that registered building or of some other registered building in the same registration district.

(3)Where a marriage is solemnized in a registered building each of the persons contracting the marriage shall, in some part of the ceremony and in the presence of the witnesses and the registrar or authorised person, make the following declaration:—

“I do solemnly declare that I know not of any lawful impediment why I,AB, may not be joined in matrimony toCD”

and each of them shall say to the other:—

“I call upon these persons here present to witness that I,AB, do take thee,CD, to be my lawful wedded wife [orhusband]”:

[F90(3A)As an alternative to the declaration set out in subsection (3) of this section the persons contracting the marriage may make the requisite declaration either—

(a)by saying “I declare that I know of no legal reason why I [name] may not be joined in marriage to [name]”; or

(b)by replying “I am” to the question put to them successively “Are you [name] free lawfully to marry [name]?”;

and as an alternative to the words of contract set out in that subsection the persons to be married may say to each other “I [name] take you [or thee] [name] to be my wedded wife [or husband]”.]

(4)A marriage shall not be solemnized in a registered building without the presence of a registrar until duplicate marriage register books have been supplied by the Registrar General under Part IV of this Act to the authorised person or to the trustees or governing body of the building.

(5)If the Registrar General is not satisfied with respect to any building registered or proposed to be registered for the solemnization of marriages therein that sufficient security exists for the due registration of marriages by an authorised person under Part IV of this Act and for the safe custody of marriage register books, he may in his discretion attach to the continuance of the registration, or to the registration, of the building a condition that no marriage may be solemnized therein without the presence of a registrar.

Textual Amendments

F89Words in s. 44(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 23; S.I. 2000/2698, art. 2

F90S. 44(3A) substituted for s. 44(3) proviso (1.2.1997) by 1996 c. 34, s. 1(1); S.I. 1996/2506, art. 2

Modifications etc. (not altering text)

Marriages in register officesU.K.

45 Solemnization of marriage in register office.E+W

(1)Where a marriage is intended to be solemnized on the authority of [F91certificates] of a superintendent registrar, the persons to be married may state in the [F92notices] of marriage that they wish to be married in the office of the superintendent registrar or one of the superintendent registrars, as the case may be, to whom notice of marriage is given, and where any such [F93notices have] been given and the [F94certificates] have been issued accordingly, the marriage may be solemnized in the said office, with open doors, in the presence of the superintendent registrar and a registrar of the registration district of that superintendent registrar and in the presence of two witnesses, and the persons to be married shall make the declarations and use the form of words set out in subsection (3) [F95or (3A)] of the last foregoing section in the case of marriages in registered buildings in the presence of a registrar.

(2)No religious service shall be used at any marriage solemnized in the office of a superintendent registrar.

Textual Amendments

F91Word in s. 45(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 24(a); S.I. 2000/2698, art. 2

F92Word in s. 45(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 24(b); S.I. 2000/2698, art. 2

F93Words in s. 45(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 24(c); S.I. 2000/2698, art. 2

F94Word in s. 45(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 24(d); S.I. 2000/2698, art. 2

F95Words in s. 45(1) inserted (1.2.1997) by 1996 c. 34, s. 1(2)(a); S.I. 1996/2506, art. 2

[F9645A Solemnization of certain marriages.U.K.

(1)This section applies to marriages solemnized, otherwise than according to the rites of the Church of England, in pursuance of section 26(1)(dd) of this Act at the place where a person usually resides.

(2)The marriage may be solemnized according to a relevant form, rite or ceremony in the presence of a registrar of the registration district in which the place where the marriage is solemnized is situated and of two witnesses and each of the persons contracting the marriage shall make the declaration and use the form of words set out in subsection (3) [F97or (3A)] of section 44 of this Act in the case of marriages in registered buildings in the presence of a registrar.

(3)Where the marriage is not solemnized in pursuance of subsection (2) of this section it shall be solemnized in the presence of the superintendent registrar and a registrar of the registration district in which the place where the marriage is solemnized is situated and in the presence of two witnesses, and the persons to be married shall make the declarations and use the form of words set out in subsection (3) [F97or (3A)] of section 44 of this Act in the case of marriages in registered buildings in the presence of a registrar.

(4)No religious service shall be used at any marriage solemnized in the presence of a superintendent registrar.

(5)In subsection (2) of this section a “relevant form, rite or ceremony” means a form, rite or ceremony of a body of persons who meet for religious worship in any registered building being a form, rite or ceremony in accordance with which members of that body are married in any such registered building.]

Textual Amendments

F97Words in s. 45A(2)(3) inserted (1.2.1997) by 1996 c. 34, s. 1(2)(a); S.I. 1996/2506, art. 2

46 Register office marriage followed by religious ceremony.E+W

(1)If the parties to a marriage [F98solemnized in the office of a superintendent registrar][F98solemnised in the presence of a superintendent registrar] desire to add the religious ceremony ordained or used by the church or persuasion of which they are members, they may present themselves, after giving notice of their intention so to do, to the clergyman or minister of the church or persuasion of which they are members, and the clergyman or minister, upon the production of a certificate of their marriage before the superintendent registrar and upon the payment of the customary fees (if any), may, if he sees fit, read or celebrate in the church or chapel of which he is the regular minister the marriage service of the church or persuasion to which be belongs or nominate some other minister to do so.

(2)Nothing in the reading or celebration of a marriage service under this section shall supersede or invalidate any marriage previously [F98solemnized in the office of a superintendent registrar][F98solemnised in the presence of a superintendent registrar], and the reading or celebration shall not be entered as a marriage in any marriage register book kept under Part IV of this Act.

(3)No person who is not entitled to solemnize marriages according to the rites of the Church of England shall by virtue of this section be entitled to read or celebrate the marriage service in any church or chapel of the Church of England.

Textual Amendments

F98Words “solemnised in the presence of a superintendent registrar” substituted (E.W.) for words “solemnized in the office of a superintendant registrar” by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 12

Modifications etc. (not altering text)

[F99 Marriages on approved premisesE+W

Textual Amendments

F99Ss. 46A, 46B and cross-heading inserted (24.2.1995) by 1994 c. 34, ss. 1(2), 3(2); S.I. 1995/424, art. 2(1)(a)

F10046A Approval of premises.E+W

(1)The [F101Chancellor of the Exchequer] may by regulations make provision for and in connection with the approval by local authorities of premises for the solemnization of marriages in pursuance of section 26(1)(bb) of this Act.

(2)The matters dealt with by the regulations may include—

(a)the kinds of premises in respect of which approvals may be granted;

(b)the procedure to be followed in relation to applications for approval;

(c)the considerations to be taken into account by a local authority in determining whether to approve any premises;

(d)the duration and renewal of approvals;

(e)the conditions that must or may be imposed by a local authority on granting or renewing an approval;

(f)the determination and charging by local authorities of fees in respect of applications for the approval of premises and in respect of the renewal of approvals;

(g)the circumstances in which a local authority must or may revoke an approval;

(h)the review of any decision to refuse an approval or the renewal of an approval, to impose conditions on granting or renewing an approval or to revoke an approval;

(i)the notification to the Registrar General of all approvals granted, renewed or revoked;

(j)the keeping by local authorities of registers of approved premises;

(k)the issue by the Registrar General of guidance supplementing the provision made by the regulations.

(3)In this section “local authority” means a county council, metropolitan district council [F102London borough council or the Common Council of the City of London].

(4)Regulations under this section may make different provision for different cases or circumstances.

(5)Any regulations under this section shall be made by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F100S. 46A inserted (24.2.1995) by 1994 c. 34, s. 1(2); S.I. 1995/424, art. 2(1)(a)

F101Words in s. 46A(1) substituted (1.4.1996) by S.I. 1996/273, art. 5(1), Sch. 2 para. 10

F102Words in s. 46A(3) substituted (18.7.1996) by 1996 c. iv, s. 3(2) (with s. 5)

Modifications etc. (not altering text)

C10S. 46A: transfer of functions (1.4.1996) by S.I. 1996/273, art. 3(1), Sch. 1 para. 7

S. 46A: functions of local authority not to be responsibility of an executive of the authority (E.)(16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 para. B36

F10346B Solemnization of marriage on approved premises.E+W

(1)Any marriage on approved premises in pursuance of section 26(1)(bb) of this Act shall be solemnized in the presence of—

(a)two witnesses, and

(b)the superintendent registrar and a registrar of the registration district in which the premises are situated.

(2)Without prejudice to the width of section 46A(2)(e) of this Act, the [F104Chancellor of the Exchequer] shall exercise his power to provide for the imposition of conditions as there mentioned so as to secure that members of the public are permitted to attend any marriage solemnized on approved premises in pursuance of section 26(1)(bb) of this Act.

(3)Each of the persons contracting such a marriage shall make the declaration and use the form of words set out in section 44(3) [F105or (3A)]of this Act in the case of marriages in registered buildings F106. . ..

(4)No religious service shall be used at a marriage on approved premises in pursuance of section 26(1)(bb) of this Act.]

Textual Amendments

F103S. 46B inserted (in force for specified purposes on 24.2.1995 and 1.4.1995 respectively) by 1994 c. 34, s. 1(2); S.I. 1995/424, art. 2(1)(a)(2)(b)

F104Words in s. 46B(2) substituted (1.4.1996) by S.I. 1996/273, art. 5(1), Sch. 2 para. 10

F105Words in s. 46B(3) inserted (1.2.1997) by 1996 c. 34, s. 1(2)(b); S.I. 1996/2506, art. 2

F106Words in s. 46B(3) omitted (1.2.1997) by virtue of 1996 c. 34, s. 1(2)(b); S.I. 1996/2506, art. 2

Marriages according to usages of Society of FriendsE+W

47 Marriages according to usages of Society of Friends.E+W

(1)No person who is not a member of the Society of Friends shall be married according to the usages of that Society unless he or she is authorised to be so married under or in pursuance of a general rule of the said Society in England.

(2)A marriage solemnized according to the said usages shall not be valid unless either—

(a)[F107each person] giving notice of marriage declares, either verbally or, if so required, in writing, that each of the parties to the marriage is either a member of the Society of Friends or is in profession with or of the persuasion of that Society; or

(b)there is produced to the superintendent registrar, at the time when notice of marriage is given, a certificate purporting to be signed by a registering officer of the Society of Friends in England to the effect that any party to the marriage who is not a member of the Society of Friends or in profession with or of the persuasion of that Society, is authorised to be married according to the said usages under or in pursuance of a general rule of the said Society in England.

(3)Any such certificate as aforesaid shall be for all purposes conclusive evidence that any person to whom it relates is authorised to be married according to the usages of the said Society, and the entry of the marriage in a marriage register book under Part IV of this Act, or a certified copy thereof made under the said Part IV, shall be conclusive evidence of the production of such a certificate.

(4)A copy of any general rule of the Society of Friends purporting to be signed by the recording clerk for the time being of the said Society in London shall be admitted as evidence of the general rule in all proceedings touching the validity of any marriage solemnized according to the usages of the said Society.

Textual Amendments

F107Words in s. 47(2)(a) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 25; S.I. 2000/2698, art. 2

Miscellaneous ProvisionsE+W

48 Proof of certain matters not necessary to validity of marriages. E+W

(1)Where any marriage has been solemnized under the provisions of this Part of this Act, it shall not be necessary in support of the marriage to give any proof—

(a)that before the marriage either of the parties thereto resided, or resided for any period, in the registration district stated in the [F108notices] of marriage to be that of his or her place of residence;

(b)that any person whose consent to the marriage was required by section three of this Act had given his consent;

(c)that the registered building in which the marriage was solemnized had been certified as required by law as a place of religious worship;

(d)that that building was the usual place of worship of either of the parties to the marriage; or

(e)that the facts stated in a declaration made under subsection (1) of section thirty-five of this Act were correct;

nor shall any evidence be given to prove the contrary in any proceedings touching the validity of the marriage.

(2)A marriage solemnized in accordance with the provisions of this Part of this Act in a registered building which has not been certified as required by law as a place of religious worship shall be as valid as if the building had been so certified.

Textual Amendments

F108Word in s. 48(1)(a) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 26; S.I. 2000/2698, art. 2

Modifications etc. (not altering text)

C11S. 48 applied with modifications by Marriage (Registrar General's Licence) Act 1970 (c. 34), s. 12

49 Void marriages. E+W

If any persons knowingly and wilfully intermarry under the provisions of this Part of this Act—

(a)without having given due notice of marriage to the superintendent registrar;

(b)without a certificate for marriage having been duly issued [F109,in respect of each of the persons to be married,] by the superintendent registrar to whom notice of marriage was given;

F110(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)on the authority of [F111certificates which are] void by virtue of subsection (2) of section thirty-three of this Act;

(e)in any place other than the church, chapel, registered building, office or other place specified in the [F112notices] of marriage and [F112certificates] of the superintendent registrar;

[F113(ee)in the case of a marriage purporting to be in pursuance of section 26(1)(bb) of this Act, on any premises that at the time the marriage is solemnized are not approved premises;]

(f)in the case of a marrige in a registered building (not being a marriage in the presence of an authorised person), in the absence of a registrar of the registration district in which the registered building is situated; F114...

(g)in the case of a marriage in the office of a superintendent registrar, in the absence of the superintendent registrar or of a registrar of the registration district of that superinentdent registrar; F114[F115...

[F116(gg)in the case of a marriage on approved premises, in the absence of the superintendent registrar of the registration district in which the premises are situated or in the absence of a registrar of that district; or]

(h)in the case of a marriage to which section 45A of this Act applies, in the absence of any superintendent registrar or registrar whose presence at that marriage is required by that section;]

the marriage shall be void.

Textual Amendments

F114Word in s. 49(f)(g) omitted (1.4.1995) by virtue of 1994 c. 34, s. 1(3), Sch. para. 3(b); S.I. 1995/424, art. 2(2)(c)

F115S. 49(h) and word “or” immediately preceding it inserted (E.W.) by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 13

Modifications etc. (not altering text)

C12S. 49 applied (with modifications) by Marriage (Registrar General's Licence) Act 1970 (c. 34), s. 13

50 Person to whom certificate to be delivered.E+W

(1)Where a marriage is intended to be solemnized on the authority of [F117certificates] of a superintendent registrar, F118. . . the certificates shall be delivered to the following person, that is to say:—

(a)if the marrige is to be solemnized in a registered building [F119or at a person’s residence] in the presence of a registrar, that registrar;

(b)if the marriage is to be solemnized in a registered building without the presence of a registrar, the authorised person in whose presence the marriage is to be solemnized;

(c)if the marriage is to be solemnized in the office of a superintendent registrar, the registrar in whose presence the marriage is to be solemnized;

[F120(cc)if the marriage is to be solemnized on approved premises, the registrar in whose presence the marriage is to be solemnized;]

(d)if the marriage is to be solemnized according to the usages of the Society of Friends, the registering officer of that Society for the place where the marriage is to be solemnized;

(e)if the marriage is to be solemnized according to the usages of persons professing the Jewish religion, the officer of a synagogue by whom the marriage is required to be registered under Part IV of this Act;

(f)if the marriage is to be solemnized according to the rites of the Church of England, the officiating clergyman.

F121(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where a marriage is solemnized in a registered building without the presence of a registrar, the [F122certificates] shall be kept in the prescribed custody and shall be produced with the marriage register books kept by the authorised person under Part IV of this Act as and when required by the Registrar General.

Textual Amendments

F117Word in s. 50(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 28(a); S.I. 2000/2698, art. 2

F118Words in s. 50(1) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 28(a), Sch. 16; S.I. 2000/2698, art. 2

F120S. 50(1)(cc) inserted (1.4.1995) by 1994 c. 34, s. 1(3), Sch. para. 4; S.I. 1995/424, art. 2(2)(c)

F122Word in s. 50(3) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 28(c); S.I. 2000/2698, art. 2

51 Fees of registrars for attending marriages.E+W

F123[F124(1)]A registrar shall be entitled to receive from persons married under this Part of this Act in his presence F125. . . the sum of [F126£1.50].

[F127(1A)In the case of persons married on approved premises in pursuance of section 26(1)(bb) of this Act—

(a)subsection (1) of this section shall not apply, but

(b)the superintendent registrar in whose presence the persons are married shall be entitled to receive from them a fee of an amount determined in accordance with regulations under section 46A of this Act by the local authority that approved the premises.]

[F128(2)A superintendent registrar shall be entitled to receive from persons married in his presence in pursuance of section 26(1)(dd) of this Act the sum of F129£40.00.]

Textual Amendments

F123S. 51(1): by S.I. 1999/3311, art. 2, Sch. (which S.I. was revoked (1.4.2003) by S.I. 2002/3076, art.3) it is provided (1.4.2000) that the fee of registrar for attending marriage - (i) at register office is £34.00 and (ii) at registered building or at the place where a house-bound or detained person usually resides is £40.00 and those same fees payable (1.4.2003) by virtue of S.I. 2002/3076, art. 2, Sch. (as amended (5.12.2005) by The Registration of Births, Deaths and Marriages (Fees) (Amendment) Order 2005 (S.I. 2005/1997), arts. 1(1), 2(b))

F124S. 51(1): s. 51 renumbered as s. 51(1) (E.W.) by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 15

F125Words in s. 51(1) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 29, Sch. 16; S.I. 2000/2698, art. 2

F126Figures substituted by S.I. 1972/911

F127S. 51(1A) inserted (24.2.1995) by 1994 c. 34, s. 1(3), Sch. para. 5; S.I. 1995/424, art. 2(1)(b)

F129Fee in s. 51(2) substituted (1.4.1998) by S.I. 1997/2939, art. 2, Sch. (which S.I. was revoked (1.4.1999) by S.I. 1998/3171, art. 3) and that same fee payable: (1.4.1999) by virtue of S.I. 1998/3171, art. 2, Sch. (which S.I. was revoked (1.4.2000) by S.I. 1999/3311, art. 3); (1.4.2000) by virtue of S.I. 1999/3311, art. 2, Sch. (which S.I. was revoked (1.4.2003) by S.I. 2002/3076, art. 3); (1.4.2003) by virtue of S.I. 2002/3076, art. 2, Sch. (as amended (5.12.2005) by The Registration of Births, Deaths and Marriages (Fees) (Amendment) Order 2005 (S.I. 2005/1997), arts. 1(1), 2(c))

52 Provision for marriages in Welsh language.E+W

The Registrar General shall furnish to every registrar in Wales and in every place in which the Welsh language is commonly used a true and exact translation into the Welsh language of the [F130declarations and forms of words] required to be used under section forty-four of this Act, and the said translation may be used in any place in which the Welsh language is commonly used in the same manner as is prescribed by the said section forty-four for the use of the [F130declarations and forms of words] in the English language.

Textual Amendments

F130Words in s. 52 substituted (1.2.1997) by 1996 c. 34, s. 1(3); S.I. 1996/2506, art. 2

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill

The data on this page is available in the alternative data formats listed: