Marriage Act 1949

[F2 31A Appeal on refusal under section 31(2)(a) [F1 or 31ZA]. E+W

(1) If, relying on section 31(2)(a) [F3 or 31ZA], a superintendent registrar refuses to issue a [F4 marriage schedule, the parties to the marriage] may appeal to the Registrar General.

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

(a) confirm the refusal; or

(b) direct that a [F5 marriage schedule] be issued.

[F6 (2A) In a case where—

(a) in reliance on section 31ZA, a superintendent registrar refuses to issue a [F7 marriage schedule], and

(b) on an appeal against the refusal, the Registrar General directs that a [F7 marriage schedule] be issued,

section 31ZA(2) is of no effect — and is to be taken to have never had any effect — in relation to the parties' giving of notice under section 27.]

(3) If—

(a) relying on section 31(2)(a), a superintendent registrar refuses to issue a [F8 marriage schedule] 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 [F9 marriage schedule],

the person making the representation is liable for the costs of the proceedings before the Registrar General and for damages recoverable by the [F10 parties making the appeal].

[F11 (3A) If—

(a) relying on section 31ZA, a superintendent registrar refuses to issue a [F12 marriage schedule], and

(b) on an appeal against the refusal, the Registrar General declares the appeal to have been frivolous,

the [F13 parties making the appeal are] liable for the costs of the proceedings before the Registrar General.]

(4) For the purpose of enabling a person to recover any [F14 costs and damages in accordance with subsection (3) or (3A)], 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 [F15 marriage schedule] [F16 (in the case of subsection (3)) or evidence that the Registrar General has declared the appeal to have been frivolous (in the case of subsection (3A))].]

Textual Amendments

F1 Words in s. 31A title inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 11(3)(a) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)

F2 S. 31A and sidenote inserted (1.1.2001) by 1999 c. 33, s. 163(2); S.I. 2000/2698, art. 2

F3 Words in s. 31A(1) inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 11(3)(b) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)

F4 Words in s. 31A(1) substituted (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), reg. 1(2)(8)(c), Sch. 1 para. 22(2) (with Sch. 2)

F5 Words in s. 31A(2)(b) substituted (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), reg. 1(2)(8)(c), Sch. 1 para. 22(3) (with Sch. 2)

F6 S. 31A(2A) inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 11(3)(c) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)

F7 Words in s. 31A(2A) substituted (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), reg. 1(2)(8)(c), Sch. 1 para. 22(4) (with Sch. 2)

F8 Words in s. 31A(3)(a) substituted (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), reg. 1(2)(8)(c), Sch. 1 para. 22(5)(a) (with Sch. 2)

F9 Words in s. 31A(3)(b) substituted (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), reg. 1(2)(8)(c), Sch. 1 para. 22(5)(b) (with Sch. 2)

F10 Words in s. 31A(3) substituted (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), reg. 1(2)(8)(c), Sch. 1 para. 22(5)(c) (with Sch. 2)

F11 S. 31A(3A) inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 11(3)(d) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)

F12 Words in s. 31A(3A)(a) substituted (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), reg. 1(2)(8)(c), Sch. 1 para. 22(6)(a) (with Sch. 2)

F13 Words in s. 31A(3A) substituted (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), reg. 1(2)(8)(c), Sch. 1 para. 22(6)(b) (with Sch. 2)

F14 Words in s. 31A(4) substituted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 11(3)(e)(i) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)

F15 Words in s. 31A(4) substituted (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), reg. 1(2)(8)(c), Sch. 1 para. 22(7) (with Sch. 2)

F16 Words in s. 31A(4) inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 11(3)(e)(ii) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)

Modifications etc. (not altering text)

C1 Pt. 3 applied (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), ss. 1(2)(a), 21(3); S.I. 2014/93, art. 3(a)

C2 Ss. 29-31A applied (with modifications) (4.5.2021) by 1956 c. 79, s. 1(3) (as amended by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 53(2) (with Sch. 2))