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Part IIIU.K. Marriage under Superintendent Registrar’s Certificate

Modifications etc. (not altering text)

C1Pt. III applied (S.) as to issue of certificates for marriage by Marriage (Scotland) Act 1956 (c. 70), s. 1(3)

Issue of certificatesU.K.

[F126Marriage of a man and a woman; marriage of same sex couples for which no opt-in necessaryE+W

(1)The following marriages may be solemnized on the authority of two certificates of a superintendent registrar—

(a)a marriage of a man and a woman, in a building registered under section 41, according to such form and ceremony as the persons to be married see fit to adopt;

(b)a marriage of any couple in the office of a superintendent registrar;

(bb)a marriage of any couple on approved premises;

(c)a marriage of a man and a woman according to the usages of the Society of Friends (commonly called Quakers);

(d)a marriage between a man and a woman professing the Jewish religion according to the usages of the Jews;

(dd)a qualifying residential marriage;

(e)a marriage of a man and a woman according to the rites of the Church of England in any church or chapel in which banns of matrimony may be published.

(2)In this section “qualifying residential marriage” means—

(a)the marriage of a man and a woman (other than a marriage in pursuance of subsection (1)(c) or (d) above), one or each of whom is house-bound or a detained person, at the usual place of residence of the house-bound or detained person or persons, or

(b)the marriage of a same sex couple (other than a marriage according to the rites of the Church of England or other religious rites or usages), one or each of whom is house-bound or a detained person, at the usual place of residence of the house-bound or detained person or persons.]

Textual Amendments

[F226AOpt-in to marriage of same sex couples: places of worshipU.K.

(1)A marriage of a same sex couple in an appropriately registered building according to such form and ceremony as the persons to be married see fit to adopt may be solemnized on the authority of two certificates of a superintendent registrar.

(2)For the purposes of this section “appropriately registered building” means a building which has been registered under section 43A.

(3)An application for registration of a building under section 43A may not be made unless the relevant governing authority has given written consent to marriages of same sex couples.

(4)For that purpose, in relation to a building—

(5)Nothing in this section is to be taken to relate or have any reference to marriages solemnized according to the rites of the Church of England.

(6)This section is subject (in particular) to sections 44A to 44C (registration of shared buildings for marriage of same sex couples) and regulations made under any of those sections.]

Textual Amendments

F2S. 26A inserted (31.10.2013 for specified purposes, 13.3.2014 in so far as not already in force) by Marriage (Same Sex Couples) Act 2013 (c. 30), ss. 4(1), 21(3); S.I. 2013/2789, art. 2(a); S.I. 2014/93, art. 3(b)

[F326BOpt-in to marriage of same sex couples: other religious ceremoniesU.K.

(1)A marriage may, in any of the following cases, be solemnized on the authority of two certificates of a superintendent registrar.

(2)Case A is where—

(a)the marriage is of a same sex couple according to the usages of the Society of Friends (commonly called Quakers), and

(b)the relevant governing authority has given written consent to such marriages of same sex couples.

(3)For that purpose “relevant governing authority” means the recording clerk for the time being of the Society of Friends in London.

(4)Case B is where—

(a)the marriage is of a same sex couple professing the Jewish religion according to the usages of the Jews, and

(b)the relevant governing authority has given written consent to such marriages of same sex couples.

(5)For that purpose the meaning of “relevant governing authority” is to be determined in accordance with this table—

The “relevant governing authority” is......if the marriage falls to be registered by...
the Chief Rabbi of the United Hebrew Congregations of the Commonwealththe secretary of a synagogue certified under paragraph (a) of the relevant definition (certification by the President of the Board of Deputies)

the person or persons duly recognised by the members of—

(i)

the West London Synagogue of British Jews (“the West London Synagogue”), and

(ii)

the other synagogues that are constituents of or affiliated to the Movement for Reform Judaism

— either the secretary of the West London Synagogue, as certified under paragraph (b) of the relevant definition

— or the secretary of another synagogue in a case where:

(i)

the secretary is certified under paragraph (d) of the relevant definition by the secretary of the West London Synagogue, and

(ii)

the synagogue is one of those which are constituents of or affiliated to the Movement for Reform Judaism

the person or persons duly recognised by the members of—

(i)

the Liberal Jewish Synagogue, St. John's Wood (“the St. John's Wood Synagogue”), and

(ii)

the other synagogues that are constituents of or affiliated to Liberal Judaism

— either the secretary of the St. John's Wood Synagogue, as certified under paragraph (c) of the relevant definition

— or the secretary of another synagogue in a case where:

(i)

the secretary is certified under paragraph (d) of the relevant definition by the secretary of the St. John's Wood Synagogue, and

(ii)

the synagogue is one of those which are constituents of or affiliated to Liberal Judaism

the person or persons duly recognised by the members of the synagogue by whose secretary the marriage falls to be registered

the secretary of a synagogue certified under paragraph (d) of the relevant definition (certification by the secretary of the West London Synagogue or the secretary of the St. John's Wood Synagogue) in a case where the synagogue is not one of those which are constituents of or affiliated to:

(i)

the Movement for Reform Judaism, or

(ii)

Liberal Judaism

In that table—

(a)“relevant definition” means the definition of “secretary of a synagogue” in section 67;

(b)a reference to a person or persons being duly recognised is a reference to the person or persons being recognised for the purpose of giving consent for the purposes of this section.

(6)Case C is where—

(a)the marriage is of a same sex couple according to religious rites or usages (other than the rites of the Church of England),

(b)one or each of the couple is house-bound or a detained person,

(c)the marriage is at the usual place of residence of the house-bound or detained person or persons, and

(d)the relevant governing authority has given written consent to marriages of same sex couples according to those religious rites or usages.

(7)For that purpose—

(8)Subsection (6) does not authorise a marriage that may be solemnized under subsection (2) or (4).]

Textual Amendments

27 Notice of marriage.E+W

(1)Where a marriage is intended to be solemnized on the authority of [F4certificates] of a superintendent registrar F5. . ., notice of marriage in the prescribed form shall be given—

(a)if the persons to be married have resided in the same registration district for the period of seven days immediately before the giving of the notice, by [F6each] of those persons to the superintendent registrar of that district;

(b)if the persons to be married have not resided in the same registration district for the said period of seven days as aforesaid, by [F7each] of those persons to the superintendent registrar of [the registration district in which he or she has resided] for that period.

F8(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A notice of marriage shall state [F9the name and surname, marital status, occupation [F10, place of residence and nationality] of each of the persons to be married] [F9the name and surname, occupation, place of residence and nationality of each of the persons to be married, whether either of them has previously been married or formed a civil partnership and, if so, how the marriage or civil partnership ended] and [F11in the case of a marriage intended to be solemnized at a person’s residence in pursuance of section 26(1)(dd) of this Act, which residence is to be the place of solemnization of the marriage and, in any other case,] [F12the church or other building or premises in or on which] the marriage is to be solemnized and—

(a)F13. . . shall state the period, not being less than seven days, during which each of the persons to be married has resided in his or her place of residence;

F14(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

.

(4)The superintendent registrar shall file all notices of marriage and keep them with the records of his office, and shall [F15subject to section 27A of this Act] also forthwith enter the particulars given in every such notice, together with the date of the notice and the name of the person by whom the notice was given, in a book (in this Act referred to as “the marriage notice book”) furnished to him for that purpose by the Registrar General, and the marriage notice book shall be open for inspection free of charge at all reasonable hours.

[F16(4A)The duty imposed by subsection (4) to enter information in the marriage notice book may be discharged by entering the information in an approved electronic form; and information so entered must be made available for inspection free of charge at all reasonable hours.]

(5)If the persons to be married wish to be married in the presence of a registrar in a registered building for which an authorised person has been appointed, they shall, at the time when notice of marriage is given to the superintendent registrar under this section, give notice to him that they require a registrar to be present at the marriage.

(6)The superintendent registrar shall be entitled to a fee of [F17£35.00] for every entry made in the marriage notice book [F18, or an approved electronic form,] under this section.

[F19(7)The superintendent registrar shall be entitled to receive from any person intending to be married in pursuance of section 26(1)(dd) of this Act upon whom he attends at a place other than his office in order to be given notice of marriage under this section the sum of [F20£46.00] [F20£67.00]]

Textual Amendments

F4Word in s. 27(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 8; S.I. 2000/2698, art. 2

F5Words in s. 27(1) repealed (1.1.2001) by 1999 c. 33, ss. 160(2)(a), 169(3), Sch. 16; S.I. 2000/2698, art. 2

F6Word in s. 27(1)(a) substituted (1.1.2001) by 1999 c. 33, s. 161(1)(a); S.I. 2000/2698, art. 2

F7Words in s. 27(1)(b) substituted (1.1.2001) by 1999 c. 33, s. 161(1)(b); S.I. 2000/2698, art. 2

F8S. 27(2) repealed (1.1.2001) by 1999 c. 33, ss. 160(2)(b), 169(3), Sch. 16; S.I. 2000/2698, art. 2

F9Words in s. 27(3) substituted (15.4.2005 for specified purposes, 5.12.2005 in so far as not already in force) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 14; S.I. 2005/1112, art. 2, Sch. 1; S.I. 2005/3175, art. 2(2)

F10Words in s. 27(3) substituted (1.1.2001) by 1999 c. 33, s. 161(2); S.I. 2000/2698, art. 2

F12Words in s. 27(3) substituted (1.4.1995) by 1994 c. 34, s. 1(3), Sch. para. 2; S.I. 1995/424, art. 2(2)(a)

F13Words in s. 27(3)(a) repealed (1.1.2001) by 1999 c. 33, ss. 160(2)(c), 169(3), Sch. 16; S.I. 2000/2698, art. 2

F14S. 27(3)(b) repealed (1.1.2001) by 1999 c. 33, ss. 160(2)(d), 169(3), Sch. 16; S.I. 2000/2698, art. 2

F17S. 27(6): it is provided by The Registration of Births, Deaths and Marriages (Fees) Order 2010 (S.I. 2010/441), arts. 1(1), 2, Sch. (as amended (1.4.2012) by The Registration of Births, Deaths and Marriages (Fees) (Amendment) Order 2012 (S.I. 2012/760), arts. 1, 3, 4) that the fee for entry in marriage notice book after 1.4.2012 is £35

F20S. 27(7): it is provided by The Registration of Births, Deaths and Marriages (Fees) Order 2010 (S.I. 2010/441), arts. 1(1), 2, Sch. (as amended (1.4.2012) by The Registration of Births, Deaths and Marriages (Fees) (Amendment) Order 2012 (S.I. 2012/760), arts. 1, 3, 4) that the fee for attendance of superintendent registrar other than at his office for purpose of being given notice of marriage of (i) house-bound person is £49 and (ii) detained person is £67

Modifications etc. (not altering text)

[F2127A 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) [F22or 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, [F23each 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, [F23each 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.

(4)[F24Each 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.

(5)The superintendent registrar shall not enter the particulars given in the notice of the marriage in the marriage notice book [F25, or in an approved electronic form by virtue of section 27(4A),] until he has received the statement and the particulars required by subsections (2) or (3) and (4) of this section.

(6)The fact that a superintendent registrar has received a statement under subsection (2) or (as the case may be) (3) of this section shall be entered in the marriage notice book 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 [F26each] of them.

[F27(6A)Where the particulars given in the notice of marriage are to be entered in an approved electronic form by virtue of section 27(4A), the duty imposed by subsection (6) to enter the statement in the marriage notice book is to be discharged by entering the statement in an approved electronic form.]

(7)In this section—

(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

(a)if the person is detained in a hospital (within the meaning of Part II of the Mental Health Act M21983), 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 M31952 applies, the governor or other officer for the time being in charge of that prison or other place.]

Textual Amendments

F23Words 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

F24Words 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

F26Words 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

Marginal Citations

[F2827B 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 [F29certificates] of a superintendent registrar.

(2)The superintendent registrar shall not enter notice of the marriage in the marriage notice book[F30, or in an approved electronic form by virtue of section 27(4A),] 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 marriage notice book 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.

[F31(3A)Where the particulars given in the notice of the marriage are to be entered in an approved electronic form by virtue of section 27(4A), the duty imposed by subsection (3) to enter in the marriage notice book the fact concerned is to be discharged by entering the fact in an approved electronic form.]

(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, the superintendent registrar shall not issue a certificate F32. . . unless a declaration is obtained from the High Court 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 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 marriage notice book[F33, or in an approved electronic form by virtue of section (274A),] and may issue a certificate F34. . . 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 certificate F32. . . for the marriage is entered under that section on a ground other than the relationship of the persons to be married.]

Textual Amendments

F29Word in s. 27B(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 10(a); S.I. 2000/2698, art. 2

F32Words 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

F34Words in s. 27B(5) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 10(c), Sch. 16; S.I. 2000/2698, art. 2

F3527C Provisions relating to section 1(5) marriages.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F3627DAdditional information required for certain marriages of same sex couplesU.K.

(1)This section applies in relation to any marriage intended to be solemnized in pursuance of section 26B(2), (4) or (6) (marriage of same sex couples: Quaker marriage, Jewish marriage, marriage of house-bound or detained person).

(2)The superintendent registrar to whom notice of such a marriage is given under section 27 may require the relevant governing authority to provide a copy of the consent mentioned in section 26B(2)(b), (4)(b) or (6)(d).

(3)In this section, “relevant governing authority”, in relation to an intended marriage under section 26B(2), (4) or (6), has the same meaning as in that provision.]

Textual Amendments

Modifications etc. (not altering text)

C4S. 27D applied (with modifications) by 1970 c. 34, s. 2(4) (as inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 24; S.I. 2014/93, art. 3(k)(ii))

28 Declaration to accompany notice of marriage. E+W

(1)No certificate F37. . . for marriage shall be issued by a superintendent registrar unless the notice of marriage is accompanied by a solemn declaration in writing, in the body or at the foot of the notice, made and signed at the time of the giving of the notice by the person by whom the notice is given and attested as mentioned in subsection (2) of this section—

(a)that he or she believes that there is no impediment of kindred or alliance or other lawful hindrance to the marriage;

[F38(b)that the persons to be married have for the period of 7 days immediately before the giving of the notice had their usual places of residence within the registration district or registration districts in which notice is given;]

(c)where one of the persons to be married is [F39a child] and is not a widower [F40, widow or surviving civil partner], that the consent of the person or persons whose consent to the marriage is required under section three of this Act has been obtained, that the necessity of obtaining any such consent has been dispensed with under that section, that the court has consented to the marriage under that section, or that there is no person whose consent to the marriage is so required.

(2)Any such declaration as aforesaid shall be signed by the person giving the notice of marriage in the presence of the superintendent registrar to whom the notice is given or his deputy, or in the presence of a registrar of births and deaths or of marriages for the registration district in which the person giving the notice resides or his deputy, and that superintendent registrar, deputy superintendent registrar, registrar or deputy registrar, as the case may be, shall attest the declaration by adding thereto his name, description and place of residence.

Textual Amendments

F37Words in s. 28(1) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 11, Sch. 16; S.I. 2000/2698, art. 2

F38S. 28(1)(b) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 11, Sch. 16; S.I. 2000/2698, art. 2

F39Words in s. 28(1)(c) substituted (E.W.) by Family Law Reform Act 1987 (c. 42), ss. 33(1), 34(2)(5), Sch. 2 para. 9

Modifications etc. (not altering text)

C5S. 28 (except s. 28(1)(b)) applied (with modifications) by Marriage (Registrar General's Licence) Act 1970 (c. 34), s. 2(3)

C6S. 28(1) applied (with modifications) by Marriage (Scotland) Act 1956 (c. 70), s. 1(2)(c)

[F4128A Power to require evidence.E+W

(1)A superintendent registrar to whom a notice of marriage is given under section 27, or any other person attesting a declaration accompanying such a notice, may require the person giving the notice to provide him with specified evidence—

(a)relating to that person; or

(b)if the superintendent registrar considers that the circumstances are exceptional, relating to each of the persons to be married.

[F42(1A)In the case of an intended marriage to which section 27D applies, the superintendent registrar to whom the notice of the marriage is given may require the relevant governing authority to produce evidence relating to the consent mentioned in section 26B(2)(b), (4)(b) or (6)(d).]

(2)[F43A requirement under subsection (1) or (1A)] may be imposed at any time—

(a)on or after the giving of the notice of marriage; but

(b)before the superintendent registrar issues his certificate under section 31.

[F44(3)“Specified evidence”, in relation to a person, means such evidence as may be specified in guidance issued by the Registrar General—

(a)of the person’s name and surname,

(b)of the person’s age,

(c)as to whether the person has previously been married or formed a civil partnership and, if so, as to the ending of the marriage or civil partnership, and

(d)of the person’s nationality.]]

Textual Amendments

F41S. 28A and sidenote inserted (1.1.2001) by 1999 c. 33, s. 162(1); S.I. 2000/2698, art. 2

Modifications etc. (not altering text)

C7S. 28A(1A) applied (with modifications) by 1970 c. 34, s. 2(4) (as inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 24; S.I. 2014/93, art. 3(k)(ii))

C8S. 28A(2) applied (with modifications) by 1970 c. 34, s. 2(4) (as inserted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 24; S.I. 2014/93, art. 3(k)(ii))

29 Caveat against issue of certificate or licence. E+W

(1)Any person . . . F45 may enter a caveat with the superintendent registrar against the issue of a certificate F46. . . for the marriage of any person named therein.

(2)If any caveat is entered as aforesaid, the caveat having been signed by or on behalf of the person by whom it was entered and stating his place of residence and the ground of objection on which the caveat is founded, no certificate F46. . . shall be issued until the superintendent registrar has examined into the matter of the caveat and is satisfied that it ought not to obstruct the issue of the certificate F46. . ., or until the caveat has been withdrawn by the person who entered it; and if the superintendent registrar is doubtful whether to issue a certificate F46. . . he may refer the matter of the caveat to the Registrar General.

(3)Where a superintendent registrar refuses, by reason of any such caveat as aforesaid, to issue a certificate F46. . ., the person applying therefor may appeal to the Registrar General who shall either confirm the refusal or direct that a certificate F46. . . shall be issued.

(4)Any person who enters a caveat against the issue of a certificate F46. . . on grounds which the Registrar General declares to be frivolous and to be such that they ought not to obstruct the issue of the certificate F46. . ., shall be liable for the costs of the proceedings before the Registrar General and for damages recoverable by the person against whose marriage the caveat was entered.

(5)For the purpose of enabling any person to recover any such costs and damages as aforesaid, a copy of the declaration of the Registrar General purporting to be sealed with the seal of the General Register Office shall be evidence that the Registrar General has declared the caveat to have been entered on grounds which are frivolous and such that they ought not to obstruct the issue of the certificate F46. . ..

Textual Amendments

F45Words repealed by S.I. 1968/1242

F46Words in s. 29 repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 12, Sch. 16; S.I. 2000/2698, art. 2

Modifications etc. (not altering text)

30 Forbidding of issue of certificate.E+W

[F47(1)]Any person whose consent to a marriage intended to be solemnized on the authority of F48. . . of a superintendent registrar is required under section three of this Act may forbid the issue of such a certificate by writing, at any time before the issue of the certificate, the word “forbidden” opposite to the entry of the notice of marriage in the marriage notice book, and by subscribing thereto his name and place of residence and the capacity, in relation to either of the persons to be married, in which he forbids the issue of the certificate; and where the issue of a certificate has been so forbidden, the notice of marriage and all proceedings thereon shall be void:

Provided that where, by virtue of paragraph (b) of the proviso to subsection (1) of the said section three, the court has consented to a marriage and the consent of the court has the same effect as if it had been given by a person whose consent has been refused, that person shall not be entitled to forbid the issue of a certificate for that marriage under this section, and the notice of marriage and the proceedings thereon shall not be void by virtue of this section.

[F49(2)Where the particulars given in the notice of marriage have been entered in an approved electronic form by virtue of section 27(4A), a person (P) wishing to exercise the power conferred by subsection (1) to forbid the issue of the certificate may do so only by —

(a)attending upon the superintendent registrar at his office, and

(b)requesting him to record that P forbids the issue of the certificate.

(3)The superintendent registrar must, on a request made by virtue of subsection (2), enter in an approved electronic form that P forbids the issue of the certificate, P’s name and place of residence and the capacity, in relation to either of the persons to be married, in which P forbids the issue of the certificate.]

Textual Amendments

F48Words in s. 30 repealed (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 13; S.I. 2000/2698, art. 2

31 Marriage under certificate without licence.E+W

(1)Where a marriage is intended to be solemnized on the authority of [F50certificates] of a superintendent registrar F51. . ., the superintendent registrar to whom notice of marriage has been given shall suspend or affix in some conspicuous place in his office, for [F5215] successive days next after the day on which the notice was entered in the marriage book, the notice of marriage, or an exact copy signed by him of the particulars thereof as entered in the marriage notice book.

[F53(1A)Where the notice was entered in an approved electronic form by virtue of section 27(4A) (“the approved form”), the duty imposed by subsection (1) is to be discharged by the superintendent registrar —

(a)arranging for the notice to be displayed for 15 successive days beginning with the day after the day on which the notice was entered in the approved form, in an approved electronic form, or

(b)suspending or affixing as described in subsection (1), for 15 days beginning with the day after the day on which the notice was entered in the approved form —

(i)the notice of the marriage, or

(ii)an exact copy, signed by the superintendent registrar, of the particulars of that notice as entered in the approved form.]

(2)At the expiration of the said period of [F5415] days the superintendent registrar, on the request of the person by whom the notice of marriage was given, shall issue a certificate in the prescribed form unless—

[F55(a)the superintendent registrar is not satisfied that there is no lawful impediment to the issue of the certificate; or]

(b)the issue of the certificate has been forbidden under the last foregoing section by any person authorised in that behalf.

(3)Every such certificate shall set out the particulars contained in the notice of marriage and the day on which the notice was entered in the marriage notice book [F56, or in an approved electronic form by virtue of section 27(4A),] and shall contain a statement that the issue of the certificate has not been forbidden as aforesaid.

(4)No marriage shall be solemnized on the production of [F50certificates] of a superintendent registrar F57. . . until after the expiration of the [F58waiting period in relation to each notice of marriage].

[F59(4A) “The waiting period”, in relation to a notice of marriage, means—

(a)the period of 15 days, or

(b)such shorter period as may be determined by the Registrar General under subsection (5A) or by a superintendent registrar under any provision of regulations made under subsection (5D),

after the day on which the notice of marriage was entered in the marriage notice book [F60, or in an approved electronic form by virtue of section 27(4A)].]

(5)Where a marriage is to be solemnized in a registered building for which an authorised person has been appointed and no notice requiring a registrar to be present at the marriage has been given to the superintendent registrar under subsection (5) of section twenty-seven of this Act, the superintendent registrar shall, when issuing a certificate under this section, give to [F61the person by whom notice of marriage was given] printed instructions in the prescribed form for the due solemnization of the marriage.

[F62(5A)If, on an application made to the Registrar General, he is satisfied that there are compelling reasons for reducing the 15 day period because of the exceptional circumstances of the case, he may reduce that period to such shorter period as he considers appropriate.

(5B) “The 15 day period” means the period of 15 days mentioned in subsections (1) [F63to] (2).

(5C)If the Registrar General reduces the 15 day period in a particular case, the reference to 15 days in section 75(3)(a) is to be treated, in relation to that case, as a reference to the reduced period.

(5D)The Registrar General may by regulations make provision with respect to the making, and granting, of applications under subsection (5A).

(5E)The regulations—

(a)may provide for the power conferred by subsection (5A) to be exercised by a superintendent registrar on behalf of the Registrar General in cases falling within a category prescribed in the regulations;

(b)may provide for the making of an appeal to the Registrar General against a decision taken by a superintendent registrar in accordance with regulations made by virtue of paragraph (a);

(c)may make different provision in relation to different cases;

(d)require the approval of [F64the Secretary of State].

(5F)[F65The Secretary of State] may by order provide for a fee, of such an amount as may be specified in the order, to be payable on an application under subsection (5A).

(5G)The order may make different provision in relation to different cases.

(5H)The power to make regulations under subsection (5D) or an order under subsection (5F) is exercisable by statutory instrument.

(5I)Any statutory instrument made under subsection (5F) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]

F66(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F50Word in s. 31(1)(4) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 14(a); S.I. 2000/2698, art. 2

F51Words in s. 31(1) repealed (1.1.2001) by 1999 c. 33, ss. 160(4)(a), 169(3), Sch. 16; S.I. 2000/2698, art. 2

F52Word in s. 31(1) substituted (1.1.2001) by 1999 c. 33, ss. 160(4)(a), 169(3), Sch. 16; S.I. 2000/2698, art. 2

F54Word in s. 31(2) substituted (1.1.2001) by 1999 c. 33, ss. 160(4)(b), 169(3); S.I. 2000/2698, art. 2

F55S. 31(2)(a) substituted (1.1.2001) by 1999 c. 33, s. 163(1); S.I. 2000/2698, art. 2

F57Words in s. 31(4) repealed (1.1.2001) by 1999 c. 33, ss. 160(4)(c), 169(3), Sch. 16; S.I. 2000/2698, art. 2

F58Words in s. 31(4) substituted (1.1.2001) by 1999 c. 33, ss. 160(4)(c), 169(3); S.I. 2000/2698, art. 2

F59S. 31(4A) inserted (1.1.2001) by 1999 c. 33, s. 160(5); S.I. 2000/2698, art. 2

F61Words in s. 31(5) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 14(b); S.I. 2000/2698, art. 2

F62S. 31(5A)-(5I) inserted (1.1.2001) by 1999 c. 33, s. 160(6); S.I. 2000/2698, art. 2

F66S. 31(6) repealed by S.I. 1968/1242

Modifications etc. (not altering text)

[F6731A Appeal on refusal under section 31(2)(a).E+W

(1)If, relying on section 31(2)(a), a superintendent registrar refuses to issue a certificate, the person applying for it may appeal to the Registrar General.

(2)On such an appeal, the Registrar General must—

(a)confirm the refusal; or

(b)direct that a certificate be issued.

(3)If—

(a)relying on section 31(2)(a), a superintendent registrar refuses to issue a certificate as a result of a representation made to him, and

(b)on an appeal against the refusal, the Registrar General declares the representation to have been frivolous and to be such that it ought not to obstruct the issue of a certificate,

the person making the representation is liable for the costs of the proceedings before the Registrar General and for damages recoverable by the applicant for the certificate.

(4)For the purpose of enabling a person to recover any such costs and damages, a copy of the declaration of the Registrar General purporting to be sealed with the seal of the General Register Office is evidence that the Registrar General has declared the representation to have been frivolous and to be such that it ought not to obstruct the issue of a certificate.]

Textual Amendments

F67S. 31A and sidenote inserted (1.1.2001) by 1999 c. 33, s. 163(2); S.I. 2000/2698, art. 2

F6832. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

F68S. 32 repealed (1.1.2001) by 1999 c. 33, ss. 160(3), 169(3), Sch. 16; S.I. 2000/2698, art. 2

[F6933 Period of validity of certificate.E+W

(1)A marriage may be solemnized on the authority of certificates of a superintendent registrar at any time within the period which is the applicable period in relation to that marriage.

(2)If the marriage is not solemnized within the applicable period—

(a)the notices of marriage and the certificates are void; and

(b)no person may solemnize the marriage on the authority of those certificates.

(3)The applicable period, in relation to a marriage, is the period beginning with the day on which the notice of marriage was entered in the marriage notice book[F70, or in an approved electronic form by virtue of section 27(4A),] and ending—

(a)in the case of a marriage which is to be solemnized in pursuance of section 26(1)(dd), 37 or 38, on the expiry of three months; and

(b)in the case of any other marriage, on the expiry of twelve months.

(4)If the notices of marriage given by each person to be married are not given on the same date, the applicable period is to be calculated by reference to the earlier of the two dates.]

Textual Amendments

F69S. 33 and sidenote substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 15; S.I. 2000/2698, art. 2

[F7134 Marriages normally to be solemnized in registration district in which one party resides.E+W

Subject to section 35, a superintendent registrar may not issue a certificate for the solemnization of a marriage elsewhere than within a registration district in which one of the persons to be married has resided for 7 days immediately before the giving of the notice of marriage.]

Textual Amendments

F71S. 34 and sidenote substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 16; S.I. 2000/2698, art. 2

35 Marriages in registration district in which neither party resides.E+W

(1)A superintendent registrar may issue a certificate F72. . . for the solemnization of a marriage in a registered building which is not within a registration district in which either of the persons to be married resides, where the person giving the notice of marriage declares by endorsement thereon in the prescribed form—

[F73(a)that the persons to be married desire the marriage to be solemnized according to a specified form, rite or ceremony, being a form, rite or ceremony of a body or denomination of christians or other persons meeting for religious worship to which one of them professes to belong.]

(b)that, to the best of his or her belief, there is not within the registration district in which one of them resides any registered building in which marriage is solemnized according to that form, rite or ceremony;

(c)the registration district nearest to the residence of that person in which there is a registered building in which marriage may be so solemnized; and

(d)the registered building in that district in which the marriage is intended to be solemnized;

and where any such certificate [F74is issued in respect of each of the persons to be married], the marriage may be solemnized in the registered building stated in the notice.

[F75(2)A superintendent registrar may issue a certificate F76. . . for the solemnization of a marriage in a registered building which is the usual place of worship of the persons to be married, or of one of them, notwithstanding that the building is not within a registration district in which either of those persons resides.]

[F77(2A)A superintendent registrar may issue a certificate F78. . . for the solemnization of a marriage in the office of another superintendent registrar, notwithstanding that the office is not within a registration district in which either of the persons to be married resides.]

[F79(2B)A superintendent registrar may issue a certificate F78. . . for the solemnization of a marriage on approved premises, notwithstanding that the premises are not within a registration district in which either of the persons to be married resides.]

(3)A superintendent registrar may issue a certificate for the solemnization of a marriage in any parish church or authorised chapel which is the usual place of worship of the persons to be married, or of one of them, notwithstanding that the church or chapel is not within a registration district in which either of those persons resides.

(4)A superintendent registrar may issue a certificate F76. . . for the solemnization of a marriage according to the usages of the Society of Friends or in accordance with the usages of persons professing the Jewish religion, notwithstanding that the building or place in which the marriage is to be solemnized is not within a registration district in which either of the persons to be married resides.

(5)Where a marriage is intended to be solemnized on the authority of [F80certificates]of a superintendent registrar issued under subsection (2) or subsection (3) of this section, [F81each notice] of marriage given to the superintendent registrar and [F82each certificate] issued by the superintendent registrar shall state, in addition to the description of the registered building or, as the case may be, the parish church or authorised chapel, in which the marriage is to be solemnized, that it is the usual place of worship of the persons to be married or of one of them and, in the latter case, shall state the name of the person whose usual place of worship it is.

Textual Amendments

F72Words in s. 35(1) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 17(1)(2)(a), Sch. 16; S.I. 2000/2698, art. 2

F74Words in s. 35(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 17(1)(2)(b); S.I. 2000/2698, art. 2

F76Words in s. 35(2)(4) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 17(1)(3), Sch. 16; S.I. 2000/2698, art. 2

F77S. 35(2A) inserted (1.1.1995) by 1994 c. 34, s. 2(1); S.I. 1994/3116, art. 2(a)

F78Words in s. 35(2A)(2B) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 17(1)(4), Sch. 16; S.I. 2000/2698, art. 2

F79S. 35(2B) inserted (1.4.1995) by 1994 c. 34, s. 2(1); S.I. 1995/424, art. 2(2)

F80Words in s. 35(5) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 17(1)(5)(a); S.I. 2000/2698, art. 2

F81Words in s. 35(5) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 17(1)(5)(b); S.I. 2000/2698, art. 2

F82Words in s. 35(5) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 17(1)(5)(c); S.I. 2000/2698, art. 2

F8336. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

37 One party resident in Scotland.E+W

(1)Where a marriage is intended to be solemnized in England on the authority of [F84certificates] of a superintendent registrar F85. . . between parties of whom one is residing in Scotland and the other is residing in England, the following provisions shall have effect—

[F86(a)the party residing in Scotland may give notice of the intended marriage in accordance with section 7 of the Marriage (Scotland) Act 1977;]

(b)the party residing in England may, subject to and in accordance with the provisions of sections twenty-seven [F8727A] and twenty-eight of this Act, give notice of the intended marriage as if both parties were residing in different registration districts in England, and the provisions of this Part of this Act relating to notices of marriage and the issue of certificates for marriage shall apply accordingly;

[F88(c)a certificate issued under section 7(2) of the Marriage (Scotland) Act 1977 to a party shall, for the purpose of that party’s intended marriage, have the like force and effect in all respects as a certificate for marriage issued by a superintendent registrar under this Part of this Act;]

(d)for the purposes of section thirty-three of this Act the notice given in Scotland shall be deemed to have been entered in a marriage notice book by a superintendent registrar in England on the day on which it was given.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F89

Textual Amendments

F84Word in s. 37(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 19(a); S.I. 2000/2698, art. 2

F85Words in s. 37(1) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 19(b), Sch. 16; S.I. 2000/2698, art. 2

F86S. 37(1)(a) substituted by Marriage (Scotland) Act 1977 (c. 15, SIF 49:2), Sch. 2 para. 4(a) (subject to a saving in s. 27(3) in relation to marriages before 1.1.1978)

F88S. 37(1)(c) substituted by Marriage (Scotland) Act 1977 (c. 15, SIF 49:2), s. 28(1), Sch. 2 para. 4(b) (subject to a saving in s. 27(3) in relation to marriages before 1.1.1978)

F89S. 37(2) repealed by Marriage (Scotland) Act 1977 (c. 15, SIF 49:2), s. 28(2), Sch. 3 (subject to a saving in s. 27(3) in relation to marriages before 1.1.1978)

38 One party resident in Northern Ireland.E+W

(1)Where a marriage is intended to be solemnized in England on the authority of [F90certificates] of a superintendent registrar F91. . . between parties of whom one is residing in Northern Ireland and the other is residing in England, the party residing in Northern Ireland may give notice of marriage in the form used for that purpose in Northern Ireland or to the like effect to the registrar of the district in Northern Ireland in which he or she has resided for not less than seven days immediately before the giving of the notice.

(2)Any such notice as aforesaid shall state the name and surname, marital status, occupation, age [F92, place of residence and nationality] of each of the persons to be married and the period, not being less than seven days, during which each of them has resided in that place and the [F93church or other building in which][F93place where] the marriage is to be solemnized:

Provided that if either of the persons to be married has resided in the place stated in the notice for more than one month, the notice may state that he or she has resided there for more than one month.

(3)Any such notice as aforesaid shall be dealt with, and a certificate for marriage issued by the registrar, in the manner prescribed by the M4Marriages (Ireland) Act, 1844, as amended by the M5Marriages (Ireland) Act, 1846, and the M6Marriage Law (Ireland) Amendment Act, 1863:

Provided that the registrar shall not issue a certificate until the expiration of [F9415] days from the day on which the notice was entered in the marriage notice book required to be kept under the said Marriages (Ireland) Act, 1844.

(4)The production to the person by whom the marriage is to be solemnized of a certificate issued under the last foregoing subsection shall be as valid for authorising that person to solemnize the marriage as the production of a certificate for marriage of a superintendent registrar of a registration district in England would be in the case of a person residing in that district.

Textual Amendments

F90Word in s. 38(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 20(1)(2)(a); S.I. 2000/2698, art. 2

F91Words in s. 38(1) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 20(1)(2)(b), Sch. 16; S.I. 2000/2698, art. 2

F92Words in s. 38(2) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 20(3); S.I. 2000/2698, art. 2

F93Words “place where” substituted (E.W.) for words “church or other building in which” by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 9

F94Words in s. 38(3) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 20(4); S.I. 2000/2698, art. 2

Marginal Citations

39 Issue of certificates on board His Majesty’s ships.E+W

(1)Where a marriage is intended to be solemnized in England on the authority of [F95certificates] of a superintendent registrar F96. . . between parties of whom one is residing in England and the other is an officer, seaman, or marine borne on the books of one of His Majesty’s ships at sea, the last-mentioned party may give notice of his intention to the captain or other officer commanding the ship, together with the name and address of the other party to the marriage, and such other information as may be necessary to enable the captain or other officer to fill up a certificate under this section, and shall at the same time make and sign such a declaration as is required by section twenty-eight of this Act, and the captain or other officer may attest the declaration and thereupon issue a certificate to the officer, seaman or marine giving the notice.

(2)A certificate issued under this section shall be in such form as may be prescribed by the Admiralty and shall have the like force and effect as a certificate issued by a superintendent registrar under this Part of this Act, and all provisions of this Act (including penal provisions [F97but [F98excluding sections 27A and 27B]]) relating to notices and declarations for obtaining certificates from superintendent registrars and to such certificates shall apply in the case of certificates issued under this section, subject to such adaptations therein as may be made by His Majesty by Order in Council.

(3)Where a marriage is intended to be solemnized in England as aforesaid and a certificate has been issued to one of the parties under this section, the superintendent registrar of the registration district in which the other party is residing may accept notice of marriage given by that party, subject to and in accordance with the provisions of sections twenty-seven [F9927A] and twenty-eight of this Act, as if both parties were residing in different registration districts in England, and the provisions of this Part of this Act relating to notices of marriage and the issue of certificates for marriage shall apply accordingly.

Textual Amendments

F95Word in s. 39(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 21(a); S.I. 2000/2698, art. 2

F96Words in s. 39(1) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 21(b), Sch. 16; S.I. 2000/2698, art. 2

Modifications etc. (not altering text)

C13Words “excluding section 27A” substituted (E.W.) for words “excluding sections 27A and 27B” as provided by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), s. 1(6), Sch. 1 para. 6(b)

[F10039AMarriage of former civil partners one of whom has changed sexU.K.

(1)This section applies if—

(a)a court—

(i)makes final a nullity order which annuls a civil partnership on the ground that an interim gender recognition certificate has been issued to one of the civil partners, or

(ii)(in Scotland) grants a decree of dissolution of a civil partnership on that ground,

and, on doing so, issues a full gender recognition certificate (under section 5A(1) of the Gender Recognition Act 2004) to that civil partner, and

(b)the former civil partners wish to marry each other in England or Wales in accordance with this Part without being delayed by the waiting period.

(2)For the purposes of this section the relevant period is the period—

(a)beginning with the issue of the full gender recognition certificate, and

(b)ending at the end of 1 month from the day on which it is issued.

(3)If either of the former civil partners —

(a)gives notice of marriage in accordance with this Part during the relevant period, and

(b)on doing so, makes an election under this section,

this Act applies with the modifications set out in subsections (4) to (6).

(4)In section 31 (marriage under certificates)—

(a)omit subsections (1), (4), (4A) and (5A) to (5I), and

(b)in subsection (2), for “At the expiration of the said period of 15 days”, substitute “As soon as notice of marriage has been given,”.

(5)For section 33(3) (period of validity of certificate: applicable period) substitute —

“(3)The applicable period, in relation to a marriage, is the period of 1 month beginning with the day on which the notice of marriage was entered in the marriage notice book.”

(6)In section 75 (offences relating to solemnization of marriages), omit subsections (2)(d), (2A) and (3)(a).

(7)Where one of the former civil partners is residing in Scotland—

(a)this section applies as if subsection (3) referred to the giving of notice and the making of an election by the former civil partner residing in England or Wales, and

(b)section 37(d) does not apply.

(8)In subsection (1)(b), “the waiting period” has the meaning given by section 31(4A).]

Textual Amendments

40 Forms of certificates to be furnished by Registrar General.E+W

(1)The Registrar General shall furnish to every superintendent registrar a sufficient number of forms of certificates for marriage.

F101(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments