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Marriage Act 1949

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68Solemnization of marriages in naval, military and air force chapels

(1)The use of any chapel to which this Part of this Act applies for the publication therein of banns of marriages to which this Part of this Act applies, and for the solemnization therein, whether according to the rites of the Church of England or otherwise, of such marriages, may be authorised under and subject to the provisions of this Part of this Act.

(2)This Part of this Act shall apply only to chapels which are certified by the Admiralty to be naval chapels and to chapels which are certified by a Secretary of State to be military or air force chapels, and shall apply only to marriages between parties of whom one at least is a qualified person, that is to say a person who, at the relevant date—

(a)is serving in the Royal Navy, the Royal Marines, the Regular Land Forces or the Regular Air Forces; or

(b)has served in any force mentioned in the last foregoing paragraph otherwise than with a commission granted or under an engagement entered into only for the purpose of a war or other national emergency; or

(c)is, as a member of a reserve of officers, a reserve force, the Territorial Army or the Auxiliary Air Force, called out on actual or permanent service or embodied; or

(d)is a woman actually employed in any capacity specified in the Third Schedule to this Act, as amended by any Order in Council for the time being in force under this section, in the service of any force mentioned in the foregoing paragraphs of this subsection; or

(e)is a daughter of a person qualified under any of the foregoing paragraphs of this subsection.

(3)For the purposes of the last foregoing subsection, the expression " relevant date " means—

(a)in a case where notice is given under section eight of this Act before publications of banns, the date of the notice;

(b)in a case where banns are published without such notice, the date of the first publication of banns;

(c)in a case where an oath is taken under section sixteen of this Act for the purpose of obtaining a common licence, the date of taking the oath;

(d)in any other case, the date when notice of marriage is given to the superintendent registrar under section twenty-seven of this Act;

and the expression " daughter " includes a daughter adopted under the Adoption of Children Act, 1926, but does not include a step-daughter.

(4)His Majesty may by Order in Council direct that subject to any exceptions specified in the Order, there shall be added to Part I, Part II or Part III of the Third Schedule to this Act, women in the service of any of His Majesty's naval, military or air forces respectively in such capacities as may be specified in the Order.

(5)An Order in Council made under the last foregoing subsection may be varied or revoked by a subsequent Order in Council.

(6)Nothing in this Part of this Act shall be taken to confer upon any person a right to be married in a chapel to which this Part of this Act applies.

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