The Marriage (Northern Ireland) Order 2003

Detained persons N.I.

29.—(1) If—

(a) one of the parties to an intended marriage is detained in a prison or as a patient in a hospital, and

(b) the marriage is to take place in that prison or hospital,

the marriage notice given by that party shall be accompanied by a statement to which paragraph (2) applies.

(2) This paragraph applies to a statement which—

(a) is made in the prescribed form by the responsible authority not more than 21 days before the date on which the marriage notice is given;

(b) identifies the establishment where the person is detained; and

(c) states that the responsible authority has no objection to the intended marriage taking place in that establishment.

(3) In paragraph (2) “responsible authority” means—

(a) if the person named in the statement is detained in a prison, the governor or other officer in charge of that prison;

(b) if the person named in the statement is detained in a hospital or special accommodation, the [F1 Health and Social Care trust] administering that hospital or the Department of Health, Social Services and Public Safety, respectively;

(c) if the person named in the statement is detained in a private hospital, the person in charge of that hospital.

(4) After the registrar receives a marriage notice accompanied by a statement to which paragraph (2) applies, he shall notify the Registrar General and shall not complete a marriage schedule unless the Registrar General directs him to proceed under Article 7.

(5) The Registrar General shall direct the registrar under Article 18(7) to solemnise the marriage at the prison or hospital specified in the direction.

(6) In this Article—

(a) “prison” includes a remand centre and a young offenders centre; and

(b) “hospital, “patient”, “private hospital” and “special accommodation” have the same meanings as in the Mental Health (Northern Ireland) Order 1986 (NI 4).

F1 Words in art. 29(3)(b) substituted (1.4.2022) by Health and Social Care Act (Northern Ireland) 2022 (c. 3), s. 8(1)(b), Sch. 1 para. 195(3); S.R. 2022/102, art. 2(b)