Marriage Act 1949

SCHEDULES

[F1 SCHEDULE 1 E+W Kindred and affinity

Textual Amendments

F1 Sch. 1 substituted (5.12.2005 for the purposes of Sch. 1 Pts. 1, 2 only) by Civil Partnership Act 2004 (c. 33), s. 263(10)(b), Sch. 27 para. 17; S.I. 2005/3175, art. 2(2)(5)

Modifications etc. (not altering text)

C1 Sch. 1 modified (6.4.2010) by The Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), regs. 1(1), 5, Sch. 4

Part 1 E+W Prohibited degrees: kindred

1 (1) The list referred to in section 1(1) is— E+W

• Adoptive child

• Adoptive parent

• Child

• Former adoptive child

• Former adoptive parent

• Grandparent

• Grandchild

• Parent

• Parent’s sibling

• Sibling

• Sibling’s child

(2) In the list “sibling” means a brother, sister, half-brother or half-sister.

Part 2 E+W Degrees of affinity referred to in section 1(2) and (3)

2 E+W The list referred to in section 1(2) is as follows—

• Child of former civil partner

• Child of former spouse

• Former civil partner of grandparent

• Former civil partner of parent

• Former spouse of grandparent

• Former spouse of parent

• Grandchild of former civil partner

• Grandchild of former spouse]

F2 Part III E+W

Textual Amendments

F2 Sch. 1 Pt. 3 repealed (1.3.2007) by The Marriage Act 1949 (Remedial) Order 2007 (S.I. 2007/438), arts. 1(1), 3(a)(iii) (with s. 1(2))

F2 3 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 3.

F3 SECOND SCHEDULE E+W

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

Textual Amendments

F3 Sch. 2 repealed (14.10.1991) by Children Act 1989 (c. 41, SIF 20), s. 108, Sch.15 (with saving in Sch. 14 para. 37, and with Sch. 14 paras. 1(1), 27(4)); S.I. 1991/828, art. 3(2)

Section 68.

F4 THIRD SCHEDULE E+W

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

Textual Amendments

F4 Sch. 3 repealed (with saving) by Armed Forces Act 1981 (c. 55, SIF 7:1), s. 28(2), Sch. 5 Pt. I

[F5 SCHEDULE 3A E+W Modifications if proposed marriage referred under section 28H

Textual Amendments

F5 Sch. 3A inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 9 (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)

Introduction E+W

1 (1) These are the modifications subject to which this Act has effect if the superintendent registrar refers a proposed marriage to the Secretary of State. E+W

(2) In this Schedule—

• “2014 Act” means the Immigration Act 2014;

• “referred marriage” means the proposed marriage referred to the Secretary of State.

No certificate to be issued until decision about investigation etc E+W

2 (1) The duty under section 31(2) to issue a certificate in respect of the referred marriage does not apply unless and until one of the following events occurs. E+W

(2) Event 1 occurs if—

(a) the Secretary of State gives the superintendent registrar the section 48 notice, and

(b) that notice is of a decision not to investigate whether the referred marriage is a sham.

(3) Event 2 occurs if—

(a) the relevant statutory period ends, and

(b) the Secretary of State has not given the superintendent registrar the section 48 notice.

(4) Event 3 occurs if—

(a) the Secretary of State gives the superintendent registrar the section 48 notice,

(b) that notice is of a decision to investigate whether the referred marriage is a sham,

(c) the Secretary of State gives the superintendent registrar the section 50 notice, and

(d) that notice is of a decision that both of the parties to the referred marriage have complied with the investigation.

(5) Event 4 occurs if—

(a) the 70 day period ends, and

(b) the Secretary of State has not given the superintendent registrar the section 50 notice.

(6) Event 5 occurs if the Secretary of State gives the superintendent registrar notice that the duty under section 31(2) is applicable.

(7) The Secretary of State may give a notice for that purpose only if—

(a) the Secretary of State has given the superintendent registrar the section 48 notice,

(b) that notice is of a decision to investigate whether the referred marriage is a sham,

(c) the Secretary of State has given the superintendent registrar the section 50 notice, and

(d) that notice is of a decision that one or both of the parties to the referred marriage have not complied with the investigation.

(8) This paragraph applies in addition to any other requirements applicable to the issue of the certificate.

(9) This paragraph is subject to paragraph 4.

(10) In this paragraph—

• “70 day period” has the same meaning as in section 50 of the 2014 Act;

• “relevant statutory period” has the same meaning as in section 48 of the 2014 Act;

• “section 48 notice” means notice under section 48(7) of the 2014 Act;

• “section 50 notice” means notice under section 50(7) of the 2014 Act.

Marriage to be investigated: extension of waiting period to 70 days E+W

3 (1) The modifications in this paragraph have effect if the Secretary of State gives the superintendent registrar notice under section 48(7) of the 2014 Act of a decision to investigate whether the referred marriage is a sham. E+W

(2) Section 31(2): the reference to the said period of 28 days has effect as a reference to the relevant 70 day period.

(3) Section 31(4A)(a): the reference to the period of 28 days has effect as a reference to the relevant 70 day period.

(4) Section 31(5A) and (5C): the reference to the 28 day period has effect as a reference to the relevant 70 day period.

(5) Section 31(5B) does not apply.

(6) Section 75(3)(a): the reference to 28 days has effect as a reference to 70 days (and the reference in section 31(5C) to 28 days has effect accordingly).

(7) In this paragraph “relevant 70 day period” means the period—

(a) beginning the day after notice of the proposed marriage is entered in the marriage book in accordance with Part 3 of the Marriage Act 1949, or is entered in an approved electronic form by virtue of section 27(4A) of that Act, and

(b) ending at the end of the period of 70 days beginning with that day.

Effect of reducing statutory period E+W

4 (1) This paragraph applies if— E+W

(a) the Secretary of State gives notice under section 31(5EB) of the grant of an application made under section 31(5A) (reduction of statutory period) in relation to the referred marriage, and

(b) that notice is given at a time when the duty under section 31(2) to issue a certificate in respect of the referred marriage has not arisen in accordance with paragraph 2.

(2) The duty under subsection 31(2) to issue a certificate in respect of the referred marriage arises on the giving of the notice, subject to any other requirements applicable to the issue of the certificate being met.

(3) But the requirements of paragraph 2 are not applicable in such a case.

(4) The Secretary of State is not prevented from deciding to conduct, conducting, or continuing, an investigation if a certificate in respect of the referred marriage is issued as mentioned in sub-paragraph (2).

(5) But in such a case, nothing in the 2014 Act requires the Secretary of State to decide whether to conduct, to conduct, or to continue, an investigation.

(6) In this paragraph “investigation” means an investigation, conducted following a decision by the Secretary of State under section 48 of the 2014 Act, whether a proposed marriage is a sham.]

Sections 69, 70.

FOURTH SCHEDULE E+W Provisions of Act which are excluded or modified in their application to Naval, Military and Air Force Chapels

Part I E+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 II E+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 III E+W Exclusion of Provisions relating to Marriages otherwise than according to the Rites of the Church of England

The proviso to section seventeen.

F6 . . .

Textual Amendments

F6 Words in Sch. 4 Pt. 3 repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 32, Sch. 16; S.I. 2000/2698, art. 2

Section forty-one.

Section forty-two.

[F7 The proviso to subsection (1) of section forty-three.]

Textual Amendments

F7 Words in Sch. 4 Pt. 3 inserted by Marriage Acts Amendment Act 1958 (c. 29), s. 1(2)

[F8 Sections 43A and 43C. ]

Textual Amendments

F8 Words in Sch. 4 Pt. 3 inserted (3.6.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 21(2); S.I. 2014/93, art. 5(d)

The proviso to subsection (1) of section forty-four.

Part IV E+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, [F9 43B,] 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.

Textual Amendments

F9 Word in Sch. 4 Pt. 4 inserted (3.6.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), s. 21(3), Sch. 7 para. 21(3); S.I. 2014/93, art. 5(d)

Section 79.

FIFTH SCHEDULE E+W Enactments repealed

Part I E+W

Acts of Parliament repealed E+W

Session and Chapter	Short Title	Extent of Repeal
. . . F10	. . . F10	. . . F10
62 & 63 Vict. c.27.	The Marriages Validity Act, 1899.	The whole Act so far as it relates to marriages solemnized in England.
. . . F10	. . . F10	. . . F10
8 Edw. 7, c.26.	The Naval Marriages Act, 1908.	The whole Act so far as it relates to marriages solemnized in England.
. . . F10	. . . F10	. . . F10
2 & 3 Geo. 6, c.33.	The Marriage Act, 1939	Section one, so far as it relates to marriages solemnized in England
. . . F10	. . . F10	. . . F10

Textual Amendments

F10 Entries repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5), Sch. 1

Part II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 E+W

Textual Amendments

F11 Entries repealed by Statute Law Revision Act 1953 (2 & 3 Eliz. 2 c. 5), Sch. 1

Section 80.

SIXTH SCHEDULE E+W Provisions of Act which do not extend to Wales

. . . F12

Textual Amendments

F12 Words repealed by Marriages (Wales and Monmouthshire) Act 1962 (c. 32), s. 1(1)

Section ten.

. . . F12

Section nineteen.

Subsection (7) of section twenty.

. . . F13

Textual Amendments

F13 Entry repealed as provided by Marriage (Wales) Act 1986 (c. 7, SIF 49:1), s. 1

. . . F12