C1Part II Marriage according to Rites of the Church of England

Annotations:
Modifications etc. (not altering text)

Preliminary

5 Methods of authorising marriages.

F51

A marriage according to the rites of the Church of England may be solemnized—

a

after the publication of banns of matrimony;

b

on the authority of a special licence of marriage granted by the Archbishop of Canterbury or any other person by virtue of the M1Ecclesiastical Licences Act, 1533 (in this Act referred to as a “special licence”);

c

on the authority of a licence of marriage (other than a special licence) granted by an ecclesiastical authority having power to grant such a licence (in this Act referred to as a “common licence”); or

d

on the authority of F8a marriage schedule under Part III of this Act.

F1F62

Subsection (1)(a) of this section shall not apply in relation to the solemnization of any marriage mentioned in subsection (2) of section 1 of this Act.

F73

In a case where one or both of the persons whose marriage is to be solemnized is not a relevant national—

C2a

subsection (1)(a) shall not apply unless the banns are published in accordance with section 14 (whether or not the banns are also published otherwise);

C3b

subsection (1)(c) shall not apply.

5AF2 Marriages between certain persons related by affinity.

No clergyman shall be obliged—

a

to solemnize a marriage which, apart from the Marriage (Prohibited Degrees of Relationship) Act 1986 F4or the Marriage Act 1949 (Remedial) Order 2007, would have been void by reason of the relationship of the persons to be married; or

b

to permit such a marriage to be solemnized in the church or chapel of which he is the minister.

5BF3Marriages involving person of acquired gender

1

A clergyman is not obliged to solemnise the marriage of a person if the clergyman reasonably believes that the person’s gender has become the acquired gender under the Gender Recognition Act 2004.

2

A clerk in Holy Orders of the Church in Wales is not obliged to permit the marriage of a person to be solemnised in the church or chapel of which the clerk is the minister if the clerk reasonably believes that the person’s gender has become the acquired gender under that Act.