Marriage Act 1949 (c. 76)

Part III U.K. Marriage under [F1 marriage schedule]

Textual Amendments

F1 Words in Pt. 3 heading substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 9 (with Sch. 2)

Modifications etc. (not altering text)

C1 Pt. III applied (S.) as to issue of certificates for marriage by Marriage (Scotland) Act 1956 (c. 70), s. 1(3)

C2 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)

[F2 Registration of shared buildings for marriage of same sex couples U.K.

Textual Amendments

F2 Ss. 44A-44D inserted (31.10.2013 for specified purposes, 13.3.2014 in so far as not already in force) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 1 para. 3; S.I. 2013/2789, art. 2(a); S.I. 2014/93, art. 3(g)

44D Sections 44A to 44C: supplementary provision U.K.

(1) In sections 44A to 44C (and this section)—

• “1969 Act” means the Sharing of Church Buildings Act 1969;

• “cancellation application” means an application under section 43C for the cancellation of the registration of a building;

• “registration application” means an application under section 43A for the registration of a building;

• “sharing agreement” has the meaning given in section 1 of the 1969 Act;

• “shared building” means a building that is—

  (a)

  subject to a sharing agreement,

  (b)

  used as mentioned in section 6(4) of the 1969 Act, or

  (c)

  otherwise shared;

• “shared building provisions” means sections 44A to 44C;

• “sharing churches” means—

  (a)

  in the case of a building subject to a sharing agreement, the churches that have made the agreement;

  (b)

  in the case of a building used as mentioned in section 6(4) of the 1969 Act, the churches that so use it;

  (c)

  in the case of any other shared building, the religious organisations (whether Christian or of another faith) that share it.

(2) Regulations under any of the shared building provisions may provide for a registration application relating to a shared building to be made otherwise than by the proprietor or trustee of the building (whether or not the proprietor or trustee retains power to make such an application).

(3) Regulations under any of the shared building provisions may make provision about any of these cases—

(a) the case where a building registered under section 43A becomes a shared building;

(b) the case where a building registered under section 43A ceases to be a shared building;

(c) the case where a building is registered under section 43A and there is a change in the churches which are sharing churches;

and the provision that may be made about such a case includes provision for the modification, suspension or cancellation of the registration under section 43A.

(4) Regulations under any of the shared building provisions may make provision about the use of shared buildings for the solemnization of—

(a) marriages of same sex couples according to the usages of the Society of Friends (commonly called Quakers), and

(b) marriages of same sex couples professing the Jewish religion according to the usages of the Jews.

(5) The provision that may be made about the use of shared buildings for the solemnization of such marriages includes—

(a) provision about the giving of consent by the relevant governing authority for the purposes of a registration application or cancellation application (including provision for identifying the relevant governing authority);

(b) provision corresponding to, or applying, any provision of section 43B (with or without modifications).

(6) Regulations under any of the shared buildings provisions may amend any England and Wales legislation.

(7) Subsections (2) to (6) do not limit the power under any of the shared building provisions to make regulations.

(8) A statutory instrument containing regulations under any of the shared building provisions may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.]