Marriage Act 1949

Changes over time for: Section 31

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Marriage Act 1949, Section 31 is up to date with all changes known to be in force on or before 07 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.

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s. 27A(3)(c) and word inserted by 2024 c. 21 s. 75(3)(a)(ii)

31 Marriage under [F1marriage schedule].E+W

[F2(1)Where a marriage is intended to be solemnized on the authority of a marriage schedule, the superintendent registrar to whom notice of marriage is given must display in some conspicuous place in their office, for 28 successive days beginning with the day after the day on which the notice was recorded in the marriage register—

(a)the notice of marriage,

(b)the particulars given in the notice, in an approved electronic form, or

(c)an exact copy, signed by the superintendent registrar, of the particulars given in the notice, as entered in the marriage register.

(2)The superintendent registrar for the registration district in which a marriage is to be solemnized must, once satisfied that any of the conditions in subsection (3) is met, issue a document to be known as a “marriage schedule” in any form, and with any content, that may be prescribed, unless—

(a)the superintendent registrar is not satisfied that there is no lawful impediment to the issue of the marriage schedule, F3...

F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The conditions are that—

(a)the waiting period in relation to each notice of marriage has expired;

(b)where one party to the marriage resides in Scotland, the superintendent registrar has received a certificate issued to that party under section 7(2) of the Marriage (Scotland) Act 1977 and the waiting period in relation to the notice of marriage given by the party residing in England or Wales has expired;

(c)where one party to the marriage is an officer, seaman or marine borne on the books of one of Her Majesty’s ships at sea, the superintendent registrar to whom notice of marriage was given by the other party has received a certificate issued under section 39 to the party borne on the books of one of Her Majesty’s ships at sea and the waiting period in relation to the notice of marriage given by the party residing in England or Wales has expired.

F5(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A marriage schedule issued under subsection (2) is to be issued to one or both of the parties to the marriage, except in a case where the marriage is to be solemnized in the presence of a registrar, in which case the marriage schedule is to be issued to that registrar.]

[F6(4A) “The waiting period”, in relation to a notice of marriage, means—

(a)the period of [F728 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 [F8recorded in the marriage register].]

(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 [F9marriage schedule], give to [F10the person by whom notice of marriage was given] printed instructions in the prescribed form for the due solemnization of the marriage.

[F11(5A)If, on an application made to the Registrar General, he is satisfied that there are compelling reasons for reducing the [F1228 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 [F1228 day period]” means [F13the period mentioned in subsection (4A), ignoring paragraph (b)].

F14(5C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F15the Secretary of State].

[F16(5EA)If a proposed marriage is referred to the Secretary of State under section 28H—

(a)any application under subsection (5A) is to be made to the Secretary of State; and

(b)the power conferred by subsection (5A) is exercisable by the Secretary of State;

F17....

(5EB)If the Secretary of State grants an application made under subsection (5A), the Secretary of State must give notice of the grant of the application to the applicant and to the superintendent registrar to whom notice of the marriage was given [F18and (if different) to the superintendent registrar responsible for issuing the marriage schedule].

(5EC)Regulations under subsection (5D) do not apply to applications made to the Secretary of State in accordance with subsection (5EA).

(5ED)The Secretary of State may by regulations make provision with respect to the making, and granting, of applications made in accordance with subsection (5EA).

(5EE)The Secretary of State must consult the Registrar General before making regulations under subsection (5ED).]

F19(5F). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(5G). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5H)The power to make regulations under subsection (5D) [F20or (5ED)] F21... is exercisable by statutory instrument.

F22(5I). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F23(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F24(7)This section has effect subject to section 31ZA.]

Textual Amendments

F1Words in s. 31 heading substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2), 5(2) (with Sch. 2)

F2S. 31(1)-(4) substituted (27.3.2021 for specified purposes, 19.4.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2)(4)(a)(8)(a), 5(3) (with Sch. 2)

F3Word in s. 31(2)(a) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 1(6)(a)(i) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)

F4S. 31(2)(b) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 1(6)(a)(ii) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)

F5S. 31(3A) omitted (27.2.2023) by virtue of Marriage and Civil Partnership (Minimum Age) Act 2022 (c. 28), s. 7(1), Sch. para. 1(6)(b) (with s. 8); S.I. 2023/88, reg. 2 (with regs. 3-17)

F6S. 31(4A) inserted (1.1.2001) by 1999 c. 33, s. 160(5); S.I. 2000/2698, art. 2

F7Words in s. 31 substituted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 10(2)(b) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

F8Words in s. 31(4A) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2), 5(4) (with Sch. 2)

F9Words in s. 31(5) substituted (27.3.2021 for specified purposes, 19.4.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2)(4)(a)(8)(a), 5(5) (with Sch. 2)

F10Words 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

F11S. 31(5A)-(5I) inserted (1.1.2001) by 1999 c. 33, s. 160(6); S.I. 2000/2698, art. 2

F12Words in s. 31 substituted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 10(2)(c) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

F13Words in s. 31(5B) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2), 5(6) (with Sch. 2)

F14S. 31(5C) omitted (4.5.2021) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2), 5(7) (with Sch. 2)

F15Words in s. 31(5E)(d) substituted (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 1(2), Sch. 2 para. 5(1)(a) (with art. 4)

F16S. 31(5EA)-(5EE) inserted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 10(3) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

F17Words in s. 31(5EA) omitted (4.5.2021) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2), 5(8) (with Sch. 2)

F18Words in s. 31(5EB) inserted (19.4.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2)(8)(a), 5(9) (with Sch. 2)

F19S. 31(5F)(5G) omitted (12.7.2016) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 15 para. 10(a); S.I. 2016/603, reg. 3(w)

F20Words in s. 31(5H) inserted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 10(4) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

F21Words in s. 31(5H) omitted (12.7.2016) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 15 para. 10(b); S.I. 2016/603, reg. 3(w)