Marriage Act 1949

Part V E+W Marriages in Naval, Military, and Air Force Chapels

Modifications etc. (not altering text)

C1 Pt. V applied (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), ss. 1(2)(b), 21(3); S.I. 2014/93, art. 3(a)

68 Solemnization of marriages in naval, military, and air force chapels. E+W

(1) The use of any chapel to which this Part of this Act applies for the publication therein of banns of marriages to which this Part of this Act applies, and for the solemnization therein, whether according to the rites of the Church of England or otherwise, of such marriages, may be authorised under and subject to the provisions of this Part of this Act.

[F1 (1A) Nothing in this Part of this Act which applies to the marriage of same sex couples applies to marriage according to the rites of the Church of England.]

(2) This Part of this Act shall apply only to chapels which are certified by the Admiralty to be naval chapels and to chapels which are certified by a Secretary of State to be military or air force chapels, and shall apply only to marriages between parties of whom one at least is a qualified person, that is to say a person who, at the relevant date—

(a) is serving in [F2 any of the regular armed forces of the Crown; or]

(b) has served in any force [F3 included] in the last foregoing paragraph otherwise than with a commission granted or under an engagement entered into only for the purpose of a war or other national emergency; or

(c) is, as a member of a reserve of officers, a reserve force, the [F4 Army Reserve] or the Auxiliary Air Force, called out on actual or permanent service or embodied; or

F5 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) is a daughter [F6 , son, step-daughter or step-son] of a person qualified under any of the foregoing paragraphs of this subsection.

(3) For the purposes of the last foregoing subsection, the expression “relevant date” means—

(a) in a case where notice is given under section eight of this Act before publications of banns, the date of the notice;

(b) in a case where banns are published without such notice, the date of the first publication of banns;

(c) in a case where an oath is taken under section sixteen of this Act for the purpose of obtaining a common licence, the date of taking the oath;

(d) in any other case, the date when notice of marriage is given to the superintendent registrar under section twenty-seven of this Act;

F7 . . ..

F8 (4)(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Nothing in this Part of this Act shall be taken to confer upon any person a right to be married in a chapel to which this Part of this Act applies.

Textual Amendments

F1 S. 68(1A) inserted (21.1.2014 for specified purposes, 3.6.2014 in so far as not already in force) by Marriage (Same Sex Couples) Act 2013 (c. 30), ss. 6(2), 21(3); S.I. 2014/93, arts. 2(a), 5(a)

F2 Words substituted by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 20, Sch. 3 para. 8

F3 Word substituted by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 20, Sch. 3 para. 8

F4 Words in s. 68 substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), ss. 44(3)(b)(4), 50(1); S.I. 2014/2370, art. 4(a)

F5 S. 68(2)(d) repealed (with saving) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28(2), Sch. 5 Pt. I

F6 Words in s. 68(2)(e) inserted (1.10.2001) by 2001 c. 19, s. 34, Sch. 6 Pt. 6 para. 31(a); S.I. 2001/3234, art. 2

F7 Words in s. 68(3) repealed (1.10.2001) by 2001 c. 19, ss. 34, 38, Sch. 6 Pt. 6 para. 31(b), Sch. 7 Pt. 7; S.I. 2001/3234, art. 2

F8 S. 68(4)(5) repealed (with saving) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28(2), Sch. 5 Pt. I

Modifications etc. (not altering text)

C2 S. 68(2) extended by S.I. 1965/1536

69 Licensing of chapels for marriages according to rites of Church of England. E+W

(1) With respect to marriages according to the rites of the Church of England, the bishop of the diocese in which any chapel to which this Part of this Act applies is situated may, on the application of the Admiralty, in the case of a naval chapel, or of a Secretary of State, in the case of any other chapel, by licence authorise the publication of banns of marriages to which this Part of this Act applies, and the solemnization of such marriages, in the chapel, and while any such licence in respect of the chapel is in force—

(a) any such banns or marriages which could lawfully be published or solemnized in the parish church of the parish in which the chapel is situated may be published or solemnized in the chapel; and

(b) the foregoing provisions of this Act relating to marriages according to the rites of the Church of England (excluding the provisions specified in Part I of the Fourth Schedule to this Act) shall apply in relation to the chapel, and in relation to the publication of banns therein, and in relation to marriages solemnized or intended to be solemnized therein according to those rites, as if the chapel were a parish church:

Provided that the provisions of this Act specified in Part II of the said Schedule shall apply subject to the modifications specified in that Part.

(2) Where a licence has been issued in respect of a chapel under this section, the bishop of the diocese in which the chapel is situated may at any time, and shall on the application of the Admiralty or a Secretary of State, revoke the licence.

(3) Upon the issue or revocation of a licence under this section, the registrar of the diocese shall register that fact and give notice thereof in writing to the Admiralty or a Secretary of State, as the case may be, who shall cause a copy of the notice to be published in the London Gazette and in some newspaper circulating in the diocese and to be sent to the Registrar General.

(4) The Admiralty or any person authorised by them, in the case of a naval chapel licensed under this section, and a Secretary of State or any person authorised by him, in the case of any other chapel so licensed, shall appoint one or more clergymen for the purpose of registering marriages solemnized in the chapel according to the rites of the Church of England, and no marriage shall be solemnized in the chapel according to those rites except in the presence of a clergyman so appointed.

(5) The provisions of this Act, and of any regulations made under section seventy-four of this Act, relating to the registration of marriages by [F9 persons authorised under section 43] shall apply in relation to marriages solemnized according to the rites of the Church of England in a chapel licensed under this section as they apply in relation to marriages solemnized in a registered building without the presence of a registrar, subject to the following modifications:—

(a) for any reference in those provisions to an authorised person there shall be substituted a reference to a clergyman appointed under this section, and

(b) for any reference in those provisions to the trustees or governing body of a registered building there shall be substituted a reference to the Admiralty or any person authorised by them, in the case of a naval chapel, and a reference to a Secretary of State or any person authorised by him, in the case of any other chapel.

Textual Amendments

F9 Words in s. 69(5) substituted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 17; S.I. 2014/93, art. 3(k)(i)

70 Registration of chapels for marriages otherwise than according to rites of Church of England. E+W

(1) With respect to marriages otherwise than according to the rites of the Church of England, the Registrar General shall, on the application of the Admiralty, in the case of a naval chapel, or of a Secretary of State, in the case of any other chapel, register any chapel to which this Part of this Act applies for the solemnization therein of marriages to which this Part of this Act applies, and while any chapel is so registered—

(a) any such marriages which could lawfully be solemnized in a [F10 building registered under section 41] situated in the same registration district as the chapel, may be solemnized in the chapel; and

(b) the foregoing provisions of this Act relating to marriages otherwise than according to the rites of the Church of England and to the registration of such marriages (excluding the provisions specified in Part III of the Fourth Schedule to this Act) shall apply in relation to the chapel, and in relation to marriages solemnized or intended to be solemnized therein otherwise than according to those rites, as if the chapel were a [F11 building registered under section 41]:

Provided that the provisions of this Act specified in Part IV of the said Schedule shall apply subject to the modifications specified in that Part.

(2) The Registrar General shall, on the application of the Admiralty or a Secretary of State, as the case may be, cancel the registration of any chapel registered by him under this section.

(3) Immediately after registering, or cancelling the registration of, any chapel under this section, the Registrar General shall cause notice of that fact to be published in the London Gazette and in some newspaper circulating in the registration district in which the chapel is situated and to be given to the superintendent registrar of that district, who shall record the registration or cancellation in such manner as may be prescribed by the Registrar General.

[F12 (4) This section does not apply to the marriage of same sex couples.]

Textual Amendments

F10 Words in s. 70(1)(a) substituted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 18; S.I. 2014/93, art. 3(k)(i)

F11 Words in s. 70(1)(b) substituted (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 18; S.I. 2014/93, art. 3(k)(i)

F12 S. 70(4) inserted (21.1.2014 for specified purposes, 3.6.2014 in so far as not already in force) by Marriage (Same Sex Couples) Act 2013 (c. 30), ss. 6(3), 21(3); S.I. 2014/93, arts. 2(a), 5(a)

Modifications etc. (not altering text)

C3 Functions of Admiralty now exercisable by a Secretary of State: Defence (Transfer of Functions) Act 1964 (c. 15), s. 1(2)

[F13 70A Registration of chapels for marriages of same sex couples otherwise than according to rites of Church of England E+W

(1) The Secretary of State may apply to the Registrar General for a chapel to which this Part applies to be registered for the solemnization of marriages of same sex couples.

(2) Where an application is made under this section, subsections (1) to (3) of section 70 apply to the application as if it had been made under section 70.

(3) Where a chapel is registered on an application under this section, subsections (1) to (3) of section 70 apply in relation to the chapel as if it had been registered on an application under section 70.

(4) Any application for the cancellation of a registration is to be made by the Secretary of State.

(5) The Secretary of State may by statutory instrument make regulations about—

(a) the registration of chapels under this section, and

(b) the cancellation of registrations.

(6) The regulations may, in particular, make provision—

(a) as to the procedures to be followed by the Secretary of State in making an application for registration or an application for cancellation of a registration;

(b) as to the procedures to be followed by the Registrar General on an application for registration or an application for cancellation of a registration;

(c) as to consents required before an application for registration may be made (including such provision amending section 2 of the Marriage (Same Sex Couples) Act 2013 as the Secretary of State considers appropriate to secure that the giving of such a consent is an opt-in activity under that section).

(7) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.

(8) In this section a reference to the cancellation of a registration is a reference to the cancellation, under section 70(2) (as applied by this section), of a registration under this section.]

Textual Amendments

F13 S. 70A inserted (21.1.2014 for specified purposes, 3.6.2014 in so far as not already in force) by Marriage (Same Sex Couples) Act 2013 (c. 30), ss. 6(4), 21(3); S.I. 2014/93, arts. 2(a), 5(a)

71 Evidence of marriages under Part V. E+W

Where a marriage has been solemnized under this Part of this Act, it shall not be necessary, in support of the marriage, to give any proof—

(a) that the chapel in which the marriage was solemnized was certified or licensed or registered in accordance with this Part of this Act; or

(b) that either of the parties was a qualified person within the meaning of this Part of this Act; or

(c) in the case of a marriage according to the rites of the Church of England, that the marriage was solemnized in the presence of a clergyman duly appointed under this Part of this Act for the purpose of registering marriages;

and no evidence shall be given to prove the contrary in any proceedings touching the validity of any such marriage.