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Marriage Act 1949
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Changes over time for: Section 27B
Version Superseded: 16/11/2009
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[F127B 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 [F2certificates] of a superintendent registrar.
(2)The superintendent registrar shall not enter notice of the marriage in the marriage notice book 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.
(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 F3. . . 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 and may issue a certificate F4. . . 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 F3. . . for the marriage is entered under that section on a ground other than the relationship of the persons to be married.]
Textual Amendments
F1Ss. 27B, 27C inserted (E.W.) by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), s. 1(4)(6), Sch. 1 para. 5
F2Word 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
F3Words 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
F4Words 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
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