Marriage Act 1949

Changes over time for: Section 27B

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Changes to legislation:

Marriage Act 1949, Section 27B is up to date with all changes known to be in force on or before 08 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 2A inserted by 2024 c. 21 s. 75(1)
s. 27A(3)(c) and word inserted by 2024 c. 21 s. 75(3)(a)(ii)
s. 27A(3A) inserted by 2024 c. 21 s. 75(3)(b)

[F127B Provisions relating to section 1(3) marriages.E+W

(1)This section applies in relation to any marriage mentioned in subsection (2) of section 1 of this Act which is intended to be solemnized on the authority of [F2a marriage schedule].

(2)The superintendent registrar shall not [F3record notice of the marriage in the marriage register] [F4,] unless—

(a)he is satisfied by the production of evidence that both the persons to be married have attained the age of twenty-one; and

(b)he has received a declaration made in the prescribed form by each of those persons, each declaration having been signed and attested in the prescribed manner, specifying their affinal relationship and declaring that the younger of those persons has not at any time before attaining the age of eighteen been a child of the family in relation to the other.

(3)The fact that a superintendent registrar has received a declaration under subsection (2) of this section shall be entered in the [F5marriage register] together with the particulars given in the notice of marriage and any such declaration shall be filed and kept with the records of the office of the superintendent registrar or, where notice of marriage is required to be given to two superintendent registrars, of each of them.

F6(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Where the superintendent registrar receives from some person other than the persons to be married a written statement signed by that person which alleges that the declaration made under subsection (2) of this section is false in a material particular, [F7a marriage schedule may not be issued] F8. . . unless a declaration is obtained F9... under subsection (5) of this section.

(5)Either of the persons to be married may, whether or not any statement has been received by the superintendent registrar under subsection (4) of this section, apply to the High Court [F10or the family court] for a declaration that, both those persons having attained the age of twenty-one and the younger of those persons not having at any time before attaining the age of eighteen been a child of the family in relation to the other, there is no impediment of affinity to the solemnization of the marriage; and where such a declaration is obtained the superintendent registrar may enter notice of the marriage in the [F11marriage register and a marriage schedule may be issued] F12. . . whether or not any declaration has been made under subsection (2) of this section.

(6)Section 29 of this Act shall not apply in relation to a marriage to which this section applies, except so far as a caveat against the issue of a [F13marriage schedule] F8. . . for the marriage is entered under that section on a ground other than the relationship of the persons to be married.]

Textual Amendments

F1Ss. 27B, 27C inserted (E.W.) by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), s. 1(4)(6), Sch. 1 para. 5

F2Words in s. 27B(1) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 15(2) (with Sch. 2)

F3Words in s. 27B(2) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 15(3) (with Sch. 2)

F4Words in s. 27B(2) inserted (16.11.2009) by The Registration of Marriages etc. (Electronic Communications and Electronic Storage) Order 2009 (S.I. 2009/2821), arts. 1(1), 4(1)

F5Words in s. 27B(3) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 15(4) (with Sch. 2)

F6S. 27B(3A) omitted (4.5.2021) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 15(5) (with Sch. 2)

F7Words in s. 27B(4) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 15(6) (with Sch. 2)

F8Words in s. 27B(4)(6) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 10(b), Sch. 16; S.I. 2000/2698, art. 2

F9Words in s. 27B(4) omitted (22.4.2014) by virtue of Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 14(2); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F10Words in s. 27B(5) inserted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 11 para. 14(3); S.I. 2014/954, art. 2(e) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

F11Words in s. 27B(5) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 15(7) (with Sch. 2)