Marriage Act 1949

[F1 27A Additional information required in certain cases. E+W

(1) This section applies in relation to any marriage intended to be solemnized at a person’s residence in pursuance of section 26(1)(dd) [F2 or 26B(6)] of this Act, and in the following provisions of this section that person is referred to as “the relevant person”.

(2) Where the relevant person is not a detained person, [F3 each notice] of marriage required by section 27 of this Act shall be accompanied by a medical statement relating to that person made not more than fourteen days before the date on which the notice is given.

(3) Where the relevant person is a detained person, [F3 each notice] of marriage required by section 27 of this Act shall be accompanied by a statement made in the prescribed form by the responsible authority not more than twenty-one days before the date on which notice of the marriage is given under section 27—

(a) identifying the establishment where the person is detained; and

(b) stating that the responsible authority has no objection to that establishment being specified in the notice of marriage as the place where that marriage is to be solemnized.

[F4 (3A) Where the relevant person is a detained person who is serving a life sentence and is subject to a whole life order, each notice of marriage required by section 27 of this Act must also be accompanied by a statement made by the Secretary of State not more than twenty-one days before the date on which notice of the marriage is given under section 27 stating that the relevant person has the permission required by section 2A(2).]

(4) [F5 Each person] who gives notice of the marriage to the superintendent registrar in accordance with section 27 of this Act shall give the superintendent registrar the prescribed particulars, in the prescribed form, of the person by or before whom the marriage is intended to be solemnized.

F6 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) The fact that a superintendent registrar has received a statement under subsection (2) [F7 , (3) or (3A)] of this section shall be entered in the [F8 marriage register] together with the particulars given in the notice of marriage and any such statement together with the form received under subsection (4) of this section shall be filed and kept with the records of the office of the superintendent register or, where notice of marriage is required to be given to two superintendent registrars, of [F9 each] of them.

F10 (6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this section—

• [F11 “life sentence” and “whole life order” have the meanings given by section 2A(5) of this Act and section 2A(6) (persons treated as being subject to a whole life order) applies for the purposes of this section; and]

• “medical statement”, in relation to any person, means a statement made in the prescribed form by a registered medical practitioner that in his opinion at the time the statement is made—

(a) by reason of illness or disability, he or she ought not to move or be moved from the place where he or she is at the time, and

(b) it is likely that it will be the case for at least the following three months that by reason of the illness or disability he or she ought not to move or be moved from that place; and

• “registered medical practitioner” has the meaning given by Schedule 1 to the Interpretation Act M1 1978; and

• “responsible authority” means—

(a) if the person is detained in a hospital (within the meaning of Part II of the Mental Health Act M2 1983), the managers of that hospital (within the meaning of section 145(1) of that Act); or

(b) if the person is detained in a prison or other place to which the Prison Act M3 1952 applies, the governor or other officer for the time being in charge of that prison or other place.]

Textual Amendments

F1 S. 27A inserted (E.W.) by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 6

F2 Words in s. 27A(1) inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 5; S.I. 2014/93, art. 3(k)(i)

F3 Words in s. 27A(2)(3) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 9(a); S.I. 2000/2698, art. 2

F4 S. 27A(3A) inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 75(3)(b), 81(2); S.I. 2024/846, reg. 2(a)

F5 Words in s. 27A(4) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 9(b); S.I. 2000/2698, art. 2

F6 S. 27A(5) omitted (1.3.2015) by virtue of Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 3(2) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)

F7 Words in s. 27A(6) substituted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 75(3)(c), 81(2); S.I. 2024/846, reg. 2(a)

F8 Words in s. 27A(6) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 14(2) (with Sch. 2)

F9 Words in s. 27A(6) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 9(c); S.I. 2000/2698, art. 2

F10 S. 27A(6A) omitted (4.5.2021) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 14(3) (with Sch. 2)

F11 Words in s. 27A(7) inserted (2.8.2024) by Victims and Prisoners Act 2024 (c. 21), ss. 75(3)(d), 81(2); S.I. 2024/846, reg. 2(a)

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)

Marginal Citations

M1 1978 c. 30 (115:1).

M2 1983 c. 20 (85).

M3 1952 c. 52 (39:1).