Marriage Act 1949

[F1 27A 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, the 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, the 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) The 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 either 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 M1 1978; and

• “responsible authority” means—

(a) if the person is detained in a hospital (within the meaning of Part II of the Mental Health Act M2 1983), 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 M3 1952 applies, the governor or other officer for the time being in charge of that prison or other place.]

Textual Amendments

F1 S. 27A inserted (E.W.) by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 6

Marginal Citations

M1 1978 c. 30 (115:1).

M2 1983 c. 20 (85).

M3 1952 c. 52 (39:1).