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Marriage Act 1949, Section 41 is up to date with all changes known to be in force on or before 11 September 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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(1)Any proprietor or trustee of a F2. . . building, which has been certified as required by law as a place of religious worship may apply to the superintendent registrar of the registration district in which the building is situated for the building to be registered for the solemnization of marriages therein.
[F3(1A)A reference in this section to the solemnization of marriage is a reference to the solemnization of marriage of a man and a woman.]
[F4(2)Any person making such an application as aforesaid shall deliver to the superintendent registrar a certificate, signed in duplicate by at least twenty householders and dated not earlier than one month before the making of the application, stating that the building is being used by them as their usual place of public religious worship and that they desire that the building should be registered as aforesaid, and both certificates shall be countersigned by the proprietor or trustee by whom they are delivered.]
(3)The superintendent registrar shall send both certificates delivered to him under the last foregoing subsection to the Registrar General who shall register the building in a book to be kept for that purpose in the General Register Office.
[F5(3A)The duty imposed by subsection (3) to register the building in a book may be discharged by registering the building in an approved electronic form.]
(4)The Registrar General shall endorse on both certificates sent to him as aforesaid the date of the registration, and shall keep one certificate with the records of the General Register Office and shall return the other certificate to the superintendent registrar who shall keep it with the records of his office.
(5)On the return of the certificate under the last foregoing subsection, the superintendent registrar shall—
(a)enter the date of the registration of the building in a book to be provided for that purpose by the Registrar General;
(b)give a certificate of the registration signed by him, on durable materials, to the proprietor or trustee by whom the certificates delivered to him under subsection (2) of this section were countersigned; and
(c)give public notice of the registration of the building by advertisement in some newspaper circulating in the county in which the building is situated and in the London Gazette.
F6(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F7(7)A building may be registered for the solemnization of marriages under this section whether it is a separate building or forms part of another building.]
Textual Amendments
F1Words in s. 41 title inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 8(2); S.I. 2014/93, art. 3(k)(i)
F2Word repealed by Marriage (Registration of Buildings) Act 1990 (c. 33, SIF 49:1), s. 1(1)
F3S. 41(1A) inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 8(3); S.I. 2014/93, art. 3(k)(i)
F4S. 41(2) substituted by Marriage Acts Amendment Act 1958 (c. 29), s. 1(1)(a)
F5S. 41(3A) inserted (16.11.2009) by The Registration of Marriages etc. (Electronic Communications and Electronic Storage) Order 2009 (S.I. 2009/2821), arts. 1(1), 8
F6S. 41(6) omitted (12.7.2016) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 15 para. 11; S.I. 2016/603, reg. 3(w)
F7S. 41(7) substituted by Marriage (Registration of Buildings) Act 1990 (c. 33, SIF 49:1), s. 1(1)
Modifications etc. (not altering text)
C1Pt. 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)
C2S. 41 modified (13.3.2014) by The Marriage of Same Sex Couples (Registration of Buildings and Appointment of Authorised Persons) Regulations 2014 (S.I. 2014/106), regs. 1, 9
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