Marriage Act 1949 (c. 76)

Part III U.K. Marriage under Superintendent Registrar’s Certificate

Modifications etc. (not altering text)

C1 Pt. III applied (S.) as to issue of certificates for marriage by Marriage (Scotland) Act 1956 (c. 70), s. 1(3)

C2 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)

Issue of certificates U.K.

37 One party resident in Scotland. E+W

(1) Where a marriage is intended to be solemnized in England on the authority of [F1 certificates] of a superintendent registrar F2 . . . between parties of whom one is residing in Scotland and the other is residing in England, the following provisions shall have effect—

[F3 (a) the party residing in Scotland may give notice of the intended marriage in accordance with section 7 of the Marriage (Scotland) Act 1977;]

(b) the party residing in England may, subject to and in accordance [F4 with section 27 and the other provisions of this Act], give notice of the intended marriage as if both parties were residing in different registration districts in England, and the provisions of this Part of this Act relating to notices of marriage and the issue of certificates for marriage shall apply accordingly;

[F5 (c) a certificate issued under section 7(2) of the Marriage (Scotland) Act 1977 to a party shall, for the purpose of that party’s intended marriage, have the like force and effect in all respects as a certificate for marriage issued by a superintendent registrar under this Part of this Act;]

(d) for the purposes of section thirty-three of this Act the notice given in Scotland shall be deemed to have been entered in a marriage notice book by a superintendent registrar in England on the day on which it was given.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F1 Word in s. 37(1) substituted (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 19(a); S.I. 2000/2698, art. 2

F2 Words in s. 37(1) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 19(b), Sch. 16; S.I. 2000/2698, art. 2

F3 S. 37(1)(a) substituted by Marriage (Scotland) Act 1977 (c. 15, SIF 49:2), Sch. 2 para. 4(a) (subject to a saving in s. 27(3) in relation to marriages before 1.1.1978)

F4 Words in s. 37(1)(b) substituted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 13 (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)

F5 S. 37(1)(c) substituted by Marriage (Scotland) Act 1977 (c. 15, SIF 49:2), s. 28(1), Sch. 2 para. 4(b) (subject to a saving in s. 27(3) in relation to marriages before 1.1.1978)

F6 S. 37(2) repealed by Marriage (Scotland) Act 1977 (c. 15, SIF 49:2), s. 28(2), Sch. 3 (subject to a saving in s. 27(3) in relation to marriages before 1.1.1978)