Marriage Act 1949

29 Caveat against issue of [F1 marriage schedule]. E+W

[F2 (1) Any person may enter a caveat with any superintendent registrar against the issue of a marriage schedule in respect of any person named in the caveat and that superintendent registrar must ensure that the fact that it has been entered and the information in it are recorded in the marriage register as soon as reasonably practicable.]

(2) If any caveat is entered as aforesaid, the caveat having been signed by or on behalf of the person by whom it was entered and stating his place of residence and the ground of objection on which the caveat is founded, no [F3 marriage schedule] F4 . . . shall be issued [F5 until the relevant superintendent registrar] has examined into the matter of the caveat and is satisfied that it ought not to obstruct the issue of the [F3 marriage schedule] F4 . . ., or until the caveat has been withdrawn by the person who entered it; and if the superintendent registrar is doubtful whether to issue a [F3 marriage schedule] F4 . . . he may refer the matter of the caveat to the Registrar General.

[F6 (2A) For the purposes of subsection (2), the relevant superintendent registrar is the superintendent registrar who first records that a notice of marriage has been given by one of the parties to the marriage.]

(3) Where a superintendent registrar refuses, by reason of any such caveat as aforesaid, to issue a [F7 marriage schedule] F4 . . ., the person applying therefor may appeal to the Registrar General who shall either confirm the refusal or direct that a [F7 marriage schedule] F4 . . . shall be issued.

(4) Any person who enters a caveat against the issue of a [F8 marriage schedule] F4 . . . on grounds which the Registrar General declares to be frivolous and to be such that they ought not to obstruct the issue of the [F8 marriage schedule] F4 . . ., shall be liable for the costs of the proceedings before the Registrar General and for damages recoverable by the person against whose marriage the caveat was entered.

(5) For the purpose of enabling any person to recover any such costs and damages as aforesaid, a copy of the declaration of the Registrar General purporting to be sealed with the seal of the General Register Office shall be evidence that the Registrar General has declared the caveat to have been entered on grounds which are frivolous and such that they ought not to obstruct the issue of the [F9 marriage schedule] F4 . . ..

Textual Amendments

F1 Words in s. 29 heading substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 19(2) (with Sch. 2)

F2 S. 29(1) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 19(3) (with Sch. 2)

F3 Words in s. 29(2) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 19(4) (with Sch. 2)

F4 Words in s. 29 repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 12, Sch. 16; S.I. 2000/2698, art. 2

F5 Words in s. 29(2) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 19(5) (with Sch. 2)

F6 S. 29(2A) inserted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 19(6) (with Sch. 2)

F7 Words in s. 29(3) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 19(4) (with Sch. 2)

F8 Words in s. 29(4) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 19(4) (with Sch. 2)

F9 Words in s. 29(5) substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 19(4) (with Sch. 2)

Modifications etc. (not altering text)

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

C2 S. 29 applied with modification by Marriage (Registrar General's Licence) Act 1970 (c. 34), s. 5

C3 Ss. 29-31A applied (with modifications) (4.5.2021) by 1956 c. 79, s. 1(3) (as amended by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 53(2) (with Sch. 2))