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- Point in Time (20/10/2014)
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Version Superseded: 01/03/2015
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(1)Where a marriage is intended to be solemnized on the authority of [F1certificates] of a superintendent registrar F2. . ., the superintendent registrar to whom notice of marriage has been given shall suspend or affix in some conspicuous place in his office, for [F328 successive days] next after the day on which the notice was entered in the marriage book, the notice of marriage, or an exact copy signed by him of the particulars thereof as entered in the marriage notice book.
[F4(1A)Where the notice was entered in an approved electronic form by virtue of section 27(4A) (“the approved form”), the duty imposed by subsection (1) is to be discharged by the superintendent registrar —
(a)arranging for the notice to be displayed for [F328 successive days] beginning with the day after the day on which the notice was entered in the approved form, in an approved electronic form, or
(b)suspending or affixing as described in subsection (1), for [F528 days] beginning with the day after the day on which the notice was entered in the approved form —
(i)the notice of the marriage, or
(ii)an exact copy, signed by the superintendent registrar, of the particulars of that notice as entered in the approved form.]
(2)At the expiration of the said period of [F528 days] the superintendent registrar, on the request of the person by whom the notice of marriage was given, shall issue a certificate in the prescribed form unless—
[F6(a)the superintendent registrar is not satisfied that there is no lawful impediment to the issue of the certificate; or]
(b)the issue of the certificate has been forbidden under the last foregoing section by any person authorised in that behalf.
(3)Every such certificate shall set out the particulars contained in the notice of marriage and the day on which the notice was entered in the marriage notice book [F7, or in an approved electronic form by virtue of section 27(4A),] and shall contain a statement that the issue of the certificate has not been forbidden as aforesaid.
(4)No marriage shall be solemnized on the production of [F1certificates] of a superintendent registrar F8. . . until after the expiration of the [F9waiting period in relation to each notice of marriage].
[F10(4A) “The waiting period”, in relation to a notice of marriage, means—
(a)the period of [F528 days], or
(b)such shorter period as may be determined by the Registrar General under subsection (5A) or by a superintendent registrar under any provision of regulations made under subsection (5D),
after the day on which the notice of marriage was entered in the marriage notice book [F11, or in an approved electronic form by virtue of section 27(4A)].]
(5)Where a marriage is to be solemnized in a registered building for which an authorised person has been appointed and no notice requiring a registrar to be present at the marriage has been given to the superintendent registrar under subsection (5) of section twenty-seven of this Act, the superintendent registrar shall, when issuing a certificate under this section, give to [F12the person by whom notice of marriage was given] printed instructions in the prescribed form for the due solemnization of the marriage.
[F13(5A)If, on an application made to the Registrar General, he is satisfied that there are compelling reasons for reducing the [F1428 day period] because of the exceptional circumstances of the case, he may reduce that period to such shorter period as he considers appropriate.
(5B) “The [F1428 day period]” means the period of [F528 days] mentioned in subsections (1) [F15to] (2).
(5C)If the Registrar General reduces the [F1428 day period] in a particular case, the reference to [F528 days] in section 75(3)(a) is to be treated, in relation to that case, as a reference to the reduced period.
(5D)The Registrar General may by regulations make provision with respect to the making, and granting, of applications under subsection (5A).
(5E)The regulations—
(a)may provide for the power conferred by subsection (5A) to be exercised by a superintendent registrar on behalf of the Registrar General in cases falling within a category prescribed in the regulations;
(b)may provide for the making of an appeal to the Registrar General against a decision taken by a superintendent registrar in accordance with regulations made by virtue of paragraph (a);
(c)may make different provision in relation to different cases;
(d)require the approval of [F16the Secretary of State].
[F17(5EA)If a proposed marriage is referred to the Secretary of State under section 28H—
(a)any application under subsection (5A) is to be made to the Secretary of State; and
(b)the power conferred by subsection (5A) is exercisable by the Secretary of State;
and the reference to the Registrar General in subsection (5C) accordingly has effect as a reference to the Secretary of State.
(5EB)If the Secretary of State grants an application made under subsection (5A), the Secretary of State must give notice of the grant of the application to the applicant and to the superintendent registrar to whom notice of the marriage was given.
(5EC)Regulations under subsection (5D) do not apply to applications made to the Secretary of State in accordance with subsection (5EA).
(5ED)The Secretary of State may by regulations make provision with respect to the making, and granting, of applications made in accordance with subsection (5EA).
(5EE)The Secretary of State must consult the Registrar General before making regulations under subsection (5ED).]
(5F)[F18The Secretary of State] may by order provide for a fee, of such an amount as may be specified in the order, to be payable on an application under subsection (5A).
(5G)The order may make different provision in relation to different cases.
(5H)The power to make regulations under subsection (5D) [F19or (5ED)] or an order under subsection (5F) is exercisable by statutory instrument.
(5I)Any statutory instrument made under subsection (5F) shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
F20(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Word in s. 31(1)(4) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 14(a); S.I. 2000/2698, art. 2
F2Words in s. 31(1) repealed (1.1.2001) by 1999 c. 33, ss. 160(4)(a), 169(3), Sch. 16; S.I. 2000/2698, art. 2
F3Words in s. 31 substituted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 10(2)(a) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)
F4S. 31(1A) inserted (16.11.2009) by The Registration of Marriages etc. (Electronic Communications and Electronic Storage) Order 2009 (S.I. 2009/2821), arts. 1(1), 6(1)
F5Words in s. 31 substituted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 10(2)(b) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)
F6S. 31(2)(a) substituted (1.1.2001) by 1999 c. 33, s. 163(1); S.I. 2000/2698, art. 2
F7Words in s. 31(3) inserted (16.11.2009) by The Registration of Marriages etc. (Electronic Communications and Electronic Storage) Order 2009 (S.I. 2009/2821), arts. 1(1), 6(2)
F8Words in s. 31(4) repealed (1.1.2001) by 1999 c. 33, ss. 160(4)(c), 169(3), Sch. 16; S.I. 2000/2698, art. 2
F9Words in s. 31(4) substituted (1.1.2001) by 1999 c. 33, ss. 160(4)(c), 169(3); S.I. 2000/2698, art. 2
F10S. 31(4A) inserted (1.1.2001) by 1999 c. 33, s. 160(5); S.I. 2000/2698, art. 2
F11Words in s. 31(4A) inserted (16.11.2009) by The Registration of Marriages etc. (Electronic Communications and Electronic Storage) Order 2009 (S.I. 2009/2821), arts. 1(1), 6(3)
F12Words in s. 31(5) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 14(b); S.I. 2000/2698, art. 2
F13S. 31(5A)-(5I) inserted (1.1.2001) by 1999 c. 33, s. 160(6); S.I. 2000/2698, art. 2
F14Words in s. 31 substituted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 10(2)(c) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)
F15Word in s. 31(5B) substituted (16.11.2009) by The Registration of Marriages etc. (Electronic Communications and Electronic Storage) Order 2009 (S.I. 2009/2821), arts. 1(1), 6(4)
F16Words in s. 31(5E)(d) substituted (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 1(2), Sch. 2 para. 5(1)(a) (with art. 4)
F17S. 31(5EA)-(5EE) inserted (20.10.2014 for specified purposes) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 10(3) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e)
F18Words in s. 31(5F) substituted (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 1(2), Sch. 2 para. 5(1)(b) (with art. 4)
F19Words in s. 31(5H) inserted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 10(4) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)
F20S. 31(6) repealed by S.I. 1968/1242
Modifications etc. (not altering text)
C1Pt. 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)
C2S. 31(5E)(d): transfer of functions (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 1(2), Sch. 1 para. 5(a) (with art. 4)
C3S. 31(5F): it is confirmed that the fee payable from 1.9.2014 is £28 by The Registration of Births, Deaths and Marriages (Fees) Order 2010 (S.I. 2010/441), arts. 1(1), 2, Sch. (as amended (1.9.2014) by The Registration of Births, Deaths and Marriages (Fees) (Amendment) Order 2014 (S.I. 2014/1790), arts. 1, 2)
C4S. 31(5F): transfer of functions (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 1(2), Sch. 1 para. 5(b) (with art. 4)
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