Marriage Act 1949

39 Issue of certificates on board His Majesty’s ships. E+W

(1) Where a marriage is intended to be solemnized in England on the authority of [F1 a marriage schedule] F2 . . . between parties of whom one is residing in England and the other is an officer, seaman, or marine borne on the books of one of His Majesty’s ships at sea, the last-mentioned party may give notice of his intention to the captain or other officer commanding the ship, together with the name and address of the other party to the marriage, and such other information as may be necessary to enable the captain or other officer to fill up a certificate under this section, and shall at the same time make and sign such a declaration as is required by section twenty-eight of this Act, and the captain or other officer may attest the declaration and thereupon issue a certificate to the officer, seaman or marine giving the notice.

(2) A certificate issued under this section shall be in such form as may be prescribed by the Admiralty F3 ..., and all provisions of this Act (including penal provisions [F4 but [F5 excluding sections 27A and 27B]]) relating to notices and declarations for obtaining [F6 a marriage schedule and to the issue of a marriage schedule apply in relation to a notice and declaration under subsection (1) and the issue of a certificate under this section], subject to such adaptations therein as may be made by His Majesty by Order in Council.

[F7 (3) Subsections (4) to (6) apply where—

(a) the party who is an officer, seaman or marine borne on the books of one of Her Majesty’s ships at sea has been issued with a certificate under this section, and

(b) the superintendent registrar for the registration district in which the other party resides has received that certificate.

(4) That superintendent registrar may accept notice of marriage from that other party under section 27 and in accordance with this Part, as if both parties were residing in different registration districts.

(5) The superintendent registrar must then, as soon as reasonably practicable—

(a) file the certificate issued under this section and keep it with the records of the superintendent registrar’s office, and

(b) record in the marriage register—

(i) the fact that the certificate has been received, and

(ii) the date on which the certificate was received.

(6) The superintendent registrar must also ensure the information recorded under subsection (5)(b) is open to inspection free of charge at all reasonable hours.]

Textual Amendments

F1 Words in s. 39(1) substituted (27.3.2021 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)(6)(a), Sch. 1 para. 27(2) (with Sch. 2)

F2 Words in s. 39(1) repealed (1.1.2001) by 1999 c. 33, s. 169(1)(3), Sch. 14 paras. 3, 21(b), Sch. 16; S.I. 2000/2698, art. 2

F3 Words in s. 39(2) omitted (27.3.2021 for specified purposes, 4.5.2021 in so far as not already in force) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2)(6)(a), Sch. 1 para. 27(3)(a) (with Sch. 2)

F4 Words inserted (E.W.) by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 10(a)

F5 Words substituted (E.W.) by virtue of Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), s. 1(6), Sch. 1 para. 6(a)

F6 Words in s. 39(2) substituted (27.3.2021 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)(6)(a), Sch. 1 para. 27(3)(b) (with Sch. 2)

F7 S. 39(3)-(6) substituted for s. 39(3) (27.3.2021 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)(6)(a), Sch. 1 para. 27(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)