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Part IVE+W Registration of Marriages

F153 Persons by whom marriages are to be registered.E+W

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Textual Amendments

F1Ss. 53-62 omitted (4.5.2021 except for the omission of ss. 57, 58, 62(2)(a), 1.8.2021 in so far as not already in force) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2)(10)(a), 6 (with Sch. 2)

[F253ARegister of marriagesE+W

(1)The Registrar General must maintain a register for the recording of information relating to marriages and the registration of marriages, which is to be known as the “marriage register”.

(2)The marriage register must be accessible in electronic form.

(3)Where a marriage is registered under section 53D(10)(a), the entry must be available to—

(a)the Registrar General, and

(b)the superintendent registrar in whose registration district the marriage was solemnized,

immediately after the entry has been made.

(4)Subject to subsection (5), information entered in the marriage register under any provision of this Act other than sections 29(1) or 53D(10)(a) must not be made available to the Registrar General.

(5)Subsection (4) does not apply to information entered in the marriage register under section 27(4) where the superintendent registrar who entered the information has agreed that it may be made available.

Textual Amendments

F2Ss. 53A-53E inserted (27.3.2021 for specified purposes, 4.5.2021 in so far as not already in force) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2)(4)(b)(5)(a), 7 (with Sch. 2)

53BSigning of a marriage documentE+W

(1)This section applies to a marriage solemnized—

(a)after the publication of banns,

(b)on the authority of a special licence, or

(c)on the authority of a common licence.

(2)Before the marriage document is signed, the clergyman by whom the marriage is to be or has been solemnized may ask the parties to the marriage questions regarding the contents of the marriage document.

(3)The parties to a marriage to which this section applies must sign the marriage document, as soon as is reasonably practicable after the solemnization of the marriage, in the presence of—

(a)each other,

(b)the clergyman by whom the marriage was solemnized, and

(c)two witnesses.

(4)Immediately after the marriage document has been signed in accordance with subsection (3) it must also be signed in the presence of the parties to the marriage and each other by—

(a)the clergyman by whom the marriage was solemnized, and

(b)the two witnesses.

Textual Amendments

F2Ss. 53A-53E inserted (27.3.2021 for specified purposes, 4.5.2021 in so far as not already in force) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2)(4)(b)(5)(a), 7 (with Sch. 2)

53CSigning of a marriage scheduleE+W

(1)This section applies to a marriage solemnized on the authority of a marriage schedule.

(2)Before the marriage schedule is signed, the specified person may ask the parties to the marriage questions regarding the contents of the marriage schedule.

(3)In the case of a marriage according to the usages of the Society of Friends or according to the usages of the Jews, before the specified person signs the marriage schedule, the specified person must be satisfied that the proceedings in relation to the marriage were conformable to the usages of the said Society or (as the case may be) to the usages of the Jews.

(4)Subsections (2) and (3) apply whether or not the specified person was present at the marriage.

(5)The parties to a marriage to which this section applies must sign the marriage schedule, as soon as is reasonably practicable after the solemnization of the marriage, in the presence of—

(a)each other,

(b)the specified person,

(c)(if different to the specified person) the person by or before whom the marriage was solemnized, and

(d)two witnesses.

(6)Immediately after the marriage schedule has been signed in accordance with subsection (5), the specified person, the person by or before whom the marriage was solemnized (if different to the specified person) and the two witnesses must sign the marriage schedule in the presence of the parties to the marriage and each other.

(7)In the case of a marriage solemnized according to the usages of the Society of Friends or according to the usages of the Jews where the specified person is not present at the solemnization of the marriage—

(a)the persons referred to in subsection (5)(a), (c) and (d) may sign the marriage schedule without being in the presence of the specified person;

(b)the specified person must sign the marriage schedule as soon as is convenient after the persons referred to in subsection (5)(a), (c) and (d) have signed the marriage schedule;

(c)the specified person may sign the marriage schedule without being in the presence of the persons referred to in subsection (5)(a), (c) and (d).

(8)For the purposes of this Part, the specified person is—

(a)in the case of a marriage solemnized according to the rites of the Church of England, the clergyman by whom the marriage is solemnized;

(b)in the case of a marriage solemnized according to the usages of the Society of Friends, an officer of that Society;

(c)in the case of a marriage solemnized according to the usages of the Jews—

(i)where the parties to the marriage are both members of the same synagogue, a secretary of that synagogue, or

(ii)where the parties to the marriage are members of different synagogues, a secretary of whichever of those synagogues the parties to the marriage nominate;

(d)in the case of a marriage solemnized in the presence of a registrar, that registrar;

(e)in the case of a marriage solemnized in a registered building without the presence of a registrar, the authorised person in whose presence the marriage is solemnized.

Textual Amendments

F2Ss. 53A-53E inserted (27.3.2021 for specified purposes, 4.5.2021 in so far as not already in force) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2)(4)(b)(5)(a), 7 (with Sch. 2)

Modifications etc. (not altering text)

C1S. 53C applied (with modifications) (4.5.2021) by 1970 c. 34, s. 14A (as inserted by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 56(10) (with Sch. 2))

53DRegistration of marriageE+W

(1)Subsection (2) applies in the case of a marriage that is solemnized—

(a)after the publication of banns,

(b)on the authority of a special licence, or

(c)on the authority of a common licence.

(2)Once the marriage document for the marriage is signed in accordance with section 53B, the clergyman who solemnized the marriage must ensure that the marriage document is delivered to a registrar in the registration district in which the marriage was solemnized within 21 days beginning with the day on which the signing of the marriage document was completed.

(3)In the case of a marriage that is solemnized on the authority of a marriage schedule—

(a)where the marriage is attended by a registrar, that registrar must take custody of the marriage schedule once it is signed in accordance with section 53C;

(b)otherwise, once the marriage schedule is signed in accordance with section 53C, the specified person must ensure that it is delivered to a registrar in the registration district in which the marriage was solemnized within 21 days beginning with the day on which the signing of the marriage schedule was completed.

(4)The duty imposed by subsections (2) or (3)(b) to ensure the marriage document or (as the case may be) marriage schedule is delivered to a registrar may be discharged by sending a copy in an approved electronic form.

(5)Subsection (6) applies if the signed marriage document or (as the case may be) marriage schedule is not delivered to a registrar in the registration district in which the marriage was solemnized within 21 days beginning with the day on which the signing of the marriage document or marriage schedule was completed.

(6)A registrar in the registration district in which the marriage was solemnized may issue a notice, in any form, and with any content, that may be prescribed, to the specified person requiring them to deliver the marriage document or (as the case may be) marriage schedule to a registrar, in that registration district, within 8 days beginning with the day on which the notice is issued.

(7)Subsection (8) applies if the signed marriage document or (as the case may be) marriage schedule is not delivered in accordance with a notice issued under subsection (6).

(8)A registrar in the registration district in which the marriage was solemnized may issue a further notice, in any form, and with any content, that may be prescribed, to the specified person, requiring the personal attendance of the specified person at premises in the registration district in which the marriage was solemnized, for the purpose of—

(a)delivering the signed marriage document or (as the case may be) marriage schedule to the registrar, or

(b)if the specified person is not able to do so, explaining to the registrar why this is the case.

(9)A specified person who is issued with a notice under subsection (8) must comply with the requirements of the notice within 8 days beginning with the day on which the notice was issued.

(10)A registrar who has a signed marriage document or marriage schedule—

(a)must, as soon as reasonably practicable, register the marriage by entering the particulars in the marriage document or marriage schedule into the marriage register;

(b)may issue a certified copy of the entry in the marriage register.

(11)Information regarding a signed marriage document or marriage schedule may be provided by a registrar for the registration district in which the marriage was solemnized to a specified person in that registration district for the purposes of establishing—

(a)whether the marriage document or marriage schedule is authentic, or

(b)whether every marriage document signed under section 53B and every marriage schedule signed under section 53C in that registration district has been registered under subsection (10).

(12)Where a registrar has provided information to a specified person in accordance with subsection (11), that specified person may, for any of the purposes mentioned in that subsection, provide that registrar with information regarding any marriage document or marriage schedule signed or alleged to have been signed in the registration district concerned.

Textual Amendments

F2Ss. 53A-53E inserted (27.3.2021 for specified purposes, 4.5.2021 in so far as not already in force) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2)(4)(b)(5)(a), 7 (with Sch. 2)

Modifications etc. (not altering text)

C2S. 53D applied (with modifications) (4.5.2021) by 1970 c. 34, s. 15 (as amended by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 56(11) (with Sch. 2))

53ERegistration of marriage where documentation lost or destroyedE+W

(1)This section applies where the Registrar General is satisfied that—

(a)a marriage has been solemnized, and

(b)the marriage document or (as the case may be) the marriage schedule in respect of the marriage has been lost or destroyed.

(2)In the case of a marriage document, the Registrar General may direct a relevant church official, in writing, to—

(a)reproduce the marriage document, and

(b)arrange, before the signing period expires and so far as reasonably practicable, for the reproduction to be signed by—

(i)the relevant church official, and

(ii)the relevant original signatories.

(3)The relevant church official to whom the direction is given under subsection (2) must—

(a)ensure that the reproduction, signed in accordance with subsection (2)(b), is delivered to a relevant registrar before the end of the period of 21 days beginning with the first day after the end of the signing period, and

(b)if any of the relevant original signatories have not signed the reproduction, explain to the registrar why that is so.

(4)In the case of a marriage schedule, the Registrar General may direct the superintendent registrar for the registration district in which the marriage was solemnized, in writing, to—

(a)reproduce the marriage schedule, and

(b)provide the reproduction to a relevant person and require them in writing to arrange, before the signing period expires and so far as reasonably practicable, for the reproduction to be signed by—

(i)the relevant person, and

(ii)the relevant original signatories.

(5)If the relevant person to whom the reproduction is provided under subsection (4)(b) is not a registrar, the relevant person must—

(a)ensure that the reproduction, signed in accordance with subsection (4)(b), is delivered to a relevant registrar before the end of the period of 21 days beginning with the first day after the end of the signing period, and

(b)if any of the relevant original signatories have not signed the reproduction, explain to the registrar why that is so.

(6)The duty imposed by subsection (3)(a) or (5)(a) to ensure a reproduction is delivered to a registrar may be discharged by sending a copy in an approved electronic form.

(7)Subsection (8) applies if—

(a)the Registrar General gives a direction under subsection (2) or (4), and

(b)the reproduction is not in the possession of a relevant registrar at the end of the period of 21 days beginning with the first day after the end of the signing period.

(8)A relevant registrar may issue a notice, in any form, and with any content, that may be prescribed, to (as the case may be)—

(a)the relevant church official to whom the direction was given, or

(b)the relevant person to whom the reproduction was provided,

requiring the reproduction to be delivered to the registrar within 8 days beginning with the day on which the notice is issued.

(9)Subsection (10) applies if the reproduction is not delivered in accordance with the notice issued under subsection (8).

(10)A relevant registrar may issue a further notice, in any form, and with any content, that may be prescribed, to the relevant church official or (as the case may be) relevant person, requiring the personal attendance of the official or (as the case may be) relevant person at premises in the registration district in which the marriage was solemnized, for the purpose of—

(a)delivering the reproduction, signed so far as is reasonably practicable by the original signatories, to the registrar, or

(b)if the official or (as the case may be) relevant person is not able to do so, explaining why this is the case.

(11)A person who is issued with a notice under subsection (10) must comply with the requirements of the notice within 8 days beginning with the day on which the notice was issued.

(12)Where a registrar is satisfied that, so far as is reasonably practicable, a marriage document or marriage schedule reproduced under this section has been signed by the persons mentioned in subsection (2)(b) or (as the case may be) (4)(b), the reproduction is to be treated as a signed marriage document or (as the case may be) marriage schedule for all purposes under this Act (and see, in particular, subsections (10) to (12) of section 53D).

(13)In this section—

Textual Amendments

F2Ss. 53A-53E inserted (27.3.2021 for specified purposes, 4.5.2021 in so far as not already in force) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2)(4)(b)(5)(a), 7 (with Sch. 2)

Modifications etc. (not altering text)

C3S. 53E applied (with modifications) (4.5.2021) by 1970 c. 34, s. 15 (as amended by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 56(11) (with Sch. 2))

F154 Provision of marriage register books by Registrar General.E+W

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Textual Amendments

F1Ss. 53-62 omitted (4.5.2021 except for the omission of ss. 57, 58, 62(2)(a), 1.8.2021 in so far as not already in force) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2)(10)(a), 6 (with Sch. 2)

F155 Manner of registration of marriages. E+W

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Textual Amendments

F1Ss. 53-62 omitted (4.5.2021 except for the omission of ss. 57, 58, 62(2)(a), 1.8.2021 in so far as not already in force) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2)(10)(a), 6 (with Sch. 2)

Modifications etc. (not altering text)

F156 Power to ask for particulars of marriage.E+W

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Textual Amendments

F1Ss. 53-62 omitted (4.5.2021 except for the omission of ss. 57, 58, 62(2)(a), 1.8.2021 in so far as not already in force) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2)(10)(a), 6 (with Sch. 2)

57 Quarterly returns to be made to superintendent registrar.E+W

(1)Every incumbent, registering officer of the Society of Friends, secretary of a synagogue, authorised person and registrar shall in the months of January, April, July and October—

(a)make and deliver to the superintendent registrar, on forms supplied by the Registrar General, a true copy certified by him under his hand of all entries of marriages made in the marriage register book kept by him during the period of three months ending with the last day of the month immediately before the month in which the copy is required by this subsection to be made; or

(b)if no marriage has been registered in the said book during that period, deliver to the superintendent registrar a certificate of that fact under his hand, on a form supplied by the Registrar General.

(2)The certified copies and certificates required to be delivered by a registrar under the last foregoing subsection shall be delivered to the superintendent registrar on such days in the months of January, April, July and October as may be appointed by the Registrar General, and shall be certified by the registrar in the prescribed form.

[F3(2A)The duty imposed by subsection (1)(a) on a registrar may be discharged by making a copy in an approved electronic form of each entry in the marriage register book and delivering that copy to the superintendent registrar within the period of seven days beginning with the day on which the entry is made.

(2B)A copy delivered by virtue of subsection (2A) is a certified copy for the purposes of this section if the registrar incorporates an electronic signature into it or associates an electronic signature with it.

(2C)The duty imposed by subsection (1)(b) may be discharged by delivering the certificate in an approved electronic form.]

(3)Any incumbent and any authorised person who is required by subsection (1) of this section to deliver to the superintendent registrar a certified copy of entries in the marriage register book or a certificate that no marriage has been registered, may deliver the copy or certificate to any registrar who is under the superintendence of that superintendent registrar, and every registrar who receives such a certified copy or certificate shall deliver it to the superintendent registrar; and a superintendent registrar may direct the registrars under his superintendence quarterly or more often, if he thinks fit or is ordered so to do by the Registrar General, to collect any such certified copies or certificates from every incumbent and authorised person within his registration district.

F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Where a certified copy is delivered to the superintendent registrar by a registrar under subsection (1) of this section, the superintendent registrar shall verify the copy and, if the copy is found to be correct, shall certify it under his hand to be a true copy; and where a certificate that no marriage has been registered is so delivered, the superintendent registrar shall countersign the certificate.

[F5(5A)Where the certified copy is delivered in an approved electronic form by virtue of subsection (2A), the duty under subsection (5) to certify it as a true copy may be discharged by incorporating an electronic signature into it or associating an electronic signature with it.

(5B)In this section, “electronic signature” has the meaning given in section 7(2) of the Electronic Communications Act 2000.]

F6(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

58 Quarterly returns to be made by superintendent registrar to Registrar General.E+W

(1)Every superintendent registrar shall, four times in every year on such days as may be appointed by the Registrar General, send to the Registrar General all certified copies of entries in marriage register books which he has received during the three months immediately before the days so appointed respectively, and if it appears, by interruption of the regular progression of numbers or otherwise, that the copy of any part of any book has not been duly delivered to him, the superintendent registrar shall as far as possible procure, consistently with the provisions of this Part of this Act, that the deficiency is remedied.

(2)The certified copies sent to the Registrar General under the last foregoing subsection shall be kept in the General Register Office in such order and such manner as the Registrar General, under the direction of [F7the Secretary of State], may think fit F8...

[F9(2A)Where a superintendent registrar has received a certified copy of an entry in an approved electronic form by virtue of section 57(2A) and (2B), the duty imposed by subsection (1) to send the copy to the Registrar General is to be discharged by sending the copy to the Registrar General in an approved electronic form (but in any other case, that duty may not be discharged by sending the copy in an electronic form).

(2B)The duty imposed by subsection (2) may be discharged by storing the copies in an approved electronic form.]

Textual Amendments

Modifications etc. (not altering text)

C5S. 58: transfer of functions (1.4.1996) by S.I. 1996/273, art. 3(1), Sch. 1 para. 7

C6Functions of Minister of Health now exercisable by Secretary of State: S.I. 1968/1699

F159 Custody of register books.E+W

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Textual Amendments

F1Ss. 53-62 omitted (4.5.2021 except for the omission of ss. 57, 58, 62(2)(a), 1.8.2021 in so far as not already in force) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2)(10)(a), 6 (with Sch. 2)

F160 Filled register books.E+W

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Textual Amendments

F1Ss. 53-62 omitted (4.5.2021 except for the omission of ss. 57, 58, 62(2)(a), 1.8.2021 in so far as not already in force) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2)(10)(a), 6 (with Sch. 2)

F161 Correction of errors in register book.E+W

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Textual Amendments

F1Ss. 53-62 omitted (4.5.2021 except for the omission of ss. 57, 58, 62(2)(a), 1.8.2021 in so far as not already in force) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2)(10)(a), 6 (with Sch. 2)

62 Disposal of register books on church ceasing to be used for solemnization of marriages.E+W

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Any incumbent to whom any marriage register books have been delivered under the last foregoing subsection—

(a)shall, when he next delivers to the superintendent registrar under this Part of this Act a certified copy of the entries in the marriage register books of marriages solemnized in the parish church, deliver also a copy of all entries which have been made in the first mentioned marriage register books after the date of the last entry therein of which a certified copy has already been delivered to the superintendent registrar; and

F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1Ss. 53-62 omitted (4.5.2021 except for the omission of ss. 57, 58, 62(2)(a), 1.8.2021 in so far as not already in force) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), regs. 1(2)(10)(a), 6 (with Sch. 2)

63 Searches in register books.E+W

(1)Every incumbent, F10... officer of the Society of Friends, secretary of a synagogue and registrar by whom a marriage register book is kept [F11may] allow searches to be made in any marriage register book in his keepingF12... F13...

(2)The last foregoing subsection shall apply in the case of a registered building for which an authorised person has been appointed with the substitution for the reference to the incumbent of a reference to the person [F14responsible for keeping] a marriage register book in accordance with regulations made under section seventy-four of this Act.

Textual Amendments

F13Words in s. 63(1) omitted (12.7.2016) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 15 para. 15; S.I. 2016/603, reg. 3(w)

Modifications etc. (not altering text)

[F1564 Searches of indexes kept by superintendent registrars.E+W

(1)Every superintendent registrar must—

(a)cause indexes of all entries in the marriage register made under section 53D(10)(a) in respect of their registration district to be made and kept in their office, and

(b)keep in their office indexes of the marriage register books kept in their office.

(2)A person is entitled—

(a)to search the indexes of the entries in the marriage register and the indexes of the marriage register books kept at the office of a superintendent registrar at all reasonable hours, and

(b)to obtain a certified copy under the hand of the superintendent registrar of an entry made in the marriage register under section 53D(10)(a) or of an entry made in a marriage register book.]

65 Searches of indexes kept by Registrar General.E+W

[F16(1)The Registrar General must—

(a)cause indexes of all entries in the marriage register made under section 53D(10)(a) to be made and kept in the General Register Office, and

(b)keep in the General Register Office indexes of certified copies of marriage register books kept in the General Register Office.

(2)A person is entitled—

(a)to search the indexes of entries in the marriage register and indexes of certified copies of marriage register books at any time when the General Register Office is open for that purpose, and

(b)to obtain from the Registrar General a certified copy of an entry made in the marriage register under section 53D(10)(a) or a certified copy of an entry made in a certified copy of a marriage register book.]

(3)The Registrar General shall cause all certified copies of entries given in the General Register Office to be sealed or stamped with the seal of that Office; and any certified copy of an entry purporting to be sealed or stamped with the said seal shall be received as evidence of the marriage to which it relates without any further or other proof of the entry, and no certified copy purporting to have been given in the said Office shall be of any force or effect unless it is sealed or stamped as aforesaid.

F17(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1865ASearches and records of information: additional provisionE+W

(1)The Secretary of State may make regulations for the purpose of enabling the Registrar General—

(a)to carry out, on request, a search to find out whether [F19the entries in the marriage register to which the Registrar General has access under section 53A(3) or] the Registrar General's certified copies contain a particular entry;

(b)to provide, on request, a record of information contained in [F20such an entry], otherwise than in the form of a certified copy.

F21(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The regulations may make provision—

(a)as to how a request for a search or a record may be made;

(b)as to the forms in which a record may be provided.

(4)The provision that may be made in the regulations includes provision for a record to be provided in a form that does not include all of the information contained in an entry.

(5)Before making regulations under this section, the Secretary of State must consult the Registrar General.

(6)Regulations under this section are to be made by statutory instrument.

(7)A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(8)This section does not affect the entitlement of any person to a certified copy of an entry [F22in the marriage register under section 53D(10)(a) or] in the Registrar General's certified copies.

(9)In this section, “the Registrar General's certified copies” means the certified copies of entries in marriage register books F23... kept in the General Register Office.]

66 Sending documents by post.E+W

Any certificate, return or other document required by this Part of this Act to be delivered or sent to the Registrar General, a superintendent registrar or a registrar may be sent by post.

67 Interpretation of Part IV.E+W

In this Part of this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say:—