Marriage Act 1949

[F231A Appeal on refusal under section 31(2)(a) [F1or 31ZA].E+W

(1)If, relying on section 31(2)(a) [F3or 31ZA], a superintendent registrar refuses to issue a [F4marriage schedule, the parties to the marriage] may appeal to the Registrar General.

(2)On such an appeal, the Registrar General must—

(a)confirm the refusal; or

(b)direct that a [F5marriage schedule] be issued.

[F6(2A)In a case where—

(a)in reliance on section 31ZA, a superintendent registrar refuses to issue a [F7marriage schedule], and

(b)on an appeal against the refusal, the Registrar General directs that a [F7marriage schedule] be issued,

section 31ZA(2) is of no effect — and is to be taken to have never had any effect — in relation to the parties' giving of notice under section 27.]

(3)If—

(a)relying on section 31(2)(a), a superintendent registrar refuses to issue a [F8marriage schedule] as a result of a representation made to him, and

(b)on an appeal against the refusal, the Registrar General declares the representation to have been frivolous and to be such that it ought not to obstruct the issue of a [F9marriage schedule],

the person making the representation is liable for the costs of the proceedings before the Registrar General and for damages recoverable by the [F10parties making the appeal].

[F11(3A)If—

(a)relying on section 31ZA, a superintendent registrar refuses to issue a [F12marriage schedule], and

(b)on an appeal against the refusal, the Registrar General declares the appeal to have been frivolous,

the [F13parties making the appeal are] liable for the costs of the proceedings before the Registrar General.]

(4)For the purpose of enabling a person to recover any [F14costs and damages in accordance with subsection (3) or (3A)], a copy of the declaration of the Registrar General purporting to be sealed with the seal of the General Register Office is evidence that the Registrar General has declared the representation to have been frivolous and to be such that it ought not to obstruct the issue of a [F15marriage schedule] [F16(in the case of subsection (3)) or evidence that the Registrar General has declared the appeal to have been frivolous (in the case of subsection (3A))].]

Textual Amendments

F2S. 31A and sidenote inserted (1.1.2001) by 1999 c. 33, s. 163(2); S.I. 2000/2698, art. 2

F4Words in s. 31A(1) substituted (19.4.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2)(8)(c), Sch. 1 para. 22(2) (with Sch. 2)

F5Words in s. 31A(2)(b) substituted (19.4.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2)(8)(c), Sch. 1 para. 22(3) (with Sch. 2)

F7Words in s. 31A(2A) substituted (19.4.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2)(8)(c), Sch. 1 para. 22(4) (with Sch. 2)

F8Words in s. 31A(3)(a) substituted (19.4.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2)(8)(c), Sch. 1 para. 22(5)(a) (with Sch. 2)

F9Words in s. 31A(3)(b) substituted (19.4.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2)(8)(c), Sch. 1 para. 22(5)(b) (with Sch. 2)

F10Words in s. 31A(3) substituted (19.4.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2)(8)(c), Sch. 1 para. 22(5)(c) (with Sch. 2)

F12Words in s. 31A(3A)(a) substituted (19.4.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2)(8)(c), Sch. 1 para. 22(6)(a) (with Sch. 2)

F13Words in s. 31A(3A) substituted (19.4.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2)(8)(c), Sch. 1 para. 22(6)(b) (with Sch. 2)

F15Words in s. 31A(4) substituted (19.4.2021 for specified purposes, 4.5.2021 in so far as not already in force) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2)(8)(c), Sch. 1 para. 22(7) (with Sch. 2)

Modifications etc. (not altering text)

C2Ss. 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))