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Version Superseded: 13/03/2014
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Marriage Act 1949, Section 46 is up to date with all changes known to be in force on or before 12 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)If the parties to a marriage [F1solemnized in the office of a superintendent registrar][F1solemnised in the presence of a superintendent registrar] desire to add the religious ceremony ordained or used by the church or persuasion of which they are members, they may present themselves, after giving notice of their intention so to do, to the clergyman or minister of the church or persuasion of which they are members, and the clergyman or minister, upon the production of a certificate of their marriage before the superintendent registrar and upon the payment of the customary fees (if any), may, if he sees fit, read or celebrate in the church or chapel of which he is the regular minister the marriage service of the church or persuasion to which be belongs or nominate some other minister to do so.
(2)Nothing in the reading or celebration of a marriage service under this section shall supersede or invalidate any marriage previously [F1solemnized in the office of a superintendent registrar][F1solemnised in the presence of a superintendent registrar], and the reading or celebration shall not be entered as a marriage in any marriage register book kept under Part IV of this Act.
(3)No person who is not entitled to solemnize marriages according to the rites of the Church of England shall by virtue of this section be entitled to read or celebrate the marriage service in any church or chapel of the Church of England.
Textual Amendments
F1Words “solemnised in the presence of a superintendent registrar” substituted (E.W.) for words “solemnized in the office of a superintendant registrar” by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 12
Modifications etc. (not altering text)
C1S. 46(2)(3) applied by Marriage (Registrar General's Licence) Act 1970 (c. 34), s. 11(2)
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