SCHEDULES
Section 1.
FIRST SCHEDULEE+W Kindred and Affinity
Modifications etc. (not altering text)
Part IE+W
Modifications etc. (not altering text)
Prohibited degrees of relationshipE+W
Mother | Fa ther |
[Adoptive mother or former adoptive mother] | [Adoptive father or former adoptive fathe r] |
Daughter | S on |
[Adoptive daughter or former adoptive daughter] | [Adoptive son or former adoptive son] |
Father’s mother | Father’s father |
Mother’s mother | Mother’s father |
Son’s daughter | Son’s son |
Daughter’s daughter | Daughter’s son |
Sister | Bro ther |
. . . | . . . |
Father’s sister | Father’s brother |
Mother’s sister | Mother’s brother |
Brother’s daughter | Brother’s son |
Sister’s daughter | Sister’s son |
[Part IIE+W
Degrees of affinity referred to in section 1(2) and (3) of this ActE+W
Daughter of former wife | Son of former husband |
Former wife of father | Former husband of mother |
Former wife of father’s father | Former husband of father’s mother |
Former wife of mother’s father | Former husband of mother’s mother |
Daughter of son of former wife | Son of son of former husband |
Daughter of daughter of former wife | Son of daughter of former husband] |
[Part IIIE+W
Degrees of affinity referred to in section 1(4) and (5) of this ActE+W
Mother of former wife | Father of former husband |
Former wife of son | Former husband of daughter] |
Section 3.
[SECOND SCHEDULEE+W Consents required to the Marriage of [a child] by common licence or Superintendent Registrar’s certificate
[1. WHERE THE PARENTS OF THE CHILD WERE MARRIED TO EACH OTHER AT THE TIME OF HIS BIRTH]
Circum stances | Person or Persons whose consent is required |
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1. Where both parents are living: |
(a) if parents are living together; | Both parents. |
(b) if parents are divorced or separated by order of any court or by agreement; | The parent to whom the custody of [the child] is committed by order of the court or by the agreement, or, if the custody of [the child] is so committed to one parent during part of the year and to the other parent during the rest of the year, both parents. |
(c) if one parent has been deserted by the other; | The parent who has been deserted. |
(d) if both parents have been deprived of custody of [the child] by order of any court. | The person to whose custody [the child] is committed by order of the court. |
2. Where one parent is dead: |
(a) if there is no other guardian; | The surviving parent. |
(b) if a guardian has been appointed by the deceased parent [or by the court under section 3 of the Guardianship of Minors Act 1971]. | The surviving parent and the guardian if acting jointly, or the surviving parent or the guardian if the parent or guardian is the sole guardian of [the child]. |
3. Where both parents are dead. | The guardians or guardian appointed by the deceased parents or by the court under [section 3 or 5 of the Guardianship of Minors Act 1971.] |
Textual Amendments
Marginal Citations
[ II. Where [the Child] is Illegitimate
Circumstances | Person whose consent is required |
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If the mother of [the child] is alive. | The mother, or if she has by order of any court been deprived of the custody of [the child], the person to whom the custody of [the child] has been committed by order of the court. |
If the mother of [the child] is dead. | The guardian appointed by the mother.]] |
Editorial Information
Textual Amendments
[ II. WHERE THE PARENTS OF THE CHILD WERE NOT MARRIED TO EACH OTHER AT THE TIME OF HIS BIRTH
Circums tances | Person or persons whose consent is required |
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1. Where both parents are alive: |
(a) if the father has been given by an order of any court the right to the actual custody of the child or the right to consent to the marriage of the child, or both those rights; | The mother and the father. |
(b) if the father has not been given either of those rights. | The mother. |
2. Where the mother is dead: |
(a) if the father is a guardian under the Guardianship of Minors Act 1971 and there is no other guardian; | The father. |
(b) if the father is a guardian as mentioned in paragraph (a) above and another guardian has been appointed by the mother or by the court under the Guardianship of Minors Act 1971; | The father and the guardian if acting jointly, or the father or the guardian if the father or guardian is the sole guardian of the child. |
(c) if the father is not a guardian and a guardian has been appointed by the mother or by the court under the Guardianship of Minors Act 1971. | The guardian. |
3. Where the father is dead: |
(a) if there is no other guardian; | The mother. |
(b) if a guardian has been appointed by the father or by the court under the Guardianship of Minors Act 1971. | The mother and the guardian if acting jointly, or the mother or the guardian if the mother or guardian is the sole guardian of the child. |
4. Where both parents are dead. | The guardian or guardians appointed by the mother or father or by the court under the Guardianship of Minors Act 1971. |
In this Part of this Schedule “actual custody”, in relation to a child, means actual possession of his person.]
Section 68.
THIRD SCHEDULEE+W
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sections 69, 70.
FOURTH SCHEDULEE+W Provisions of Act which are excluded or modified in their application to Naval, Military and Air Force Chapels
Part IE+W Exclusion of Provisions relating to Marriages according to the Rites of the Church of England
Subsection (4) of section six.
Paragraph (b) of subsection (I) of section fifteen.
The proviso to section seventeen.
Section eighteen.
Section twenty.
Subsection (3) of section thirty-five.
The proviso to subsection (1) of section forty-four.
Sections fifty-three to fifty-seven, fifty-nine and sixty, so far as those sections relate to the registration of marriages by clergymen and to the duties of incumbents in relation to marriage register books.
Part IIE+W Modification of Provisions relating to Marriages according to the Rites of the Church of England
Subsection (1) of section six shall apply as if the chapel were the parish church of the parish in which the chapel is situated.
Subsection (3) of section seven shall apply as if for the reference to the parochial church council there were substituted, in relation to a naval chapel, a reference to the Admiralty and, in relation to any other chapel, a reference to a Secretary of State.
Section eight shall apply as if it required the notice in writing mentioned therein to include a statement that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act, and to specify the person so qualified and the nature of his qualification.
Paragraph (a) of subsection (1) of section fifteen shall apply as if the chapel were the parish church of the parish in which the chapel is situated.
Subsection (1) of section sixteen shall apply as if it required the oath, which is to be taken thereunder, to include a statement that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act and to specify the person so qualified and the nature of his qualification.
Subsection (3) of section twenty-seven shall apply as if it required the notice of marriage to include a statment that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act and to specify the person so qualified and the nature of his qualification.
Section fifty shall apply as if for the reference to the officiating clergyman there were substituted a reference to the clergyman appointed under section sixty-nine of this Act for the purpose of registering marriages, in whose presence the marriage is solemnized.
Part IIIE+W Exclusion of Provisions relating to Marriages otherwise than according to the Rites of the Church of England
The proviso to section seventeen.
The proviso to subsection (2) of section twenty-six.
Section forty-one.
Section forty-two. [The proviso to subsection (1) of section forty-three.]
The proviso to subsection (1) of section forty-four.
Part IVE+W Modification of Provisions relating to Marriages otherwise than according to the Rites of the Church of England
Subsection (3) of section twenty-seven shall apply as if it required the notice of marriage to include a statement that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act and to specify the person so qualified and the nature of his qualification.
Sections forty-three, forty-four and fifty-four shall apply as if for any reference to the trustees or governing body of a building there were 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.
Section 79.
FIFTH SCHEDULEE+W Enactments repealed
Part IE+W
Acts of Parliament repealedE+W
Session and Chapter | Short Title | Extent of Repeal |
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. . . | . . . | . . . |
62 & 63 Vict. c.27. | The Marriages Validity Act, 1899. | The whole Act so far as it relates to marriages solemnized in England. |
. . . | . . . | . . . |
8 Edw. 7, c.26. | The Naval Marriages Act, 1908. | The whole Act so far as it relates to marriages solemnized in England. |
. . . | . . . | . . . |
2 & 3 Geo. 6, c.33. | The Marriage Act, 1939 | Section one, so far as it relates to marriages solemnized in England |
. . . | . . . | . . . |
Part II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W
Section 80.
SIXTH SCHEDULEE+W Provisions of Act which do not extend to Wales
. . .
Section ten.
. . .
Section nineteen.
Subsection (7) of section twenty.
. . .
. . .