(1)Any person who knowingly and wilfully—
(a)solemnizes a marriage at any other time than between the hours of eight in the forenoon and six in the afternoon (not being a marriage by special licence, a marriage according to the usages of the Society of Friends or a marriage between two persons professing the Jewish religion according to the usages of the Jews);
(b)solemnizes a marriage according to the rites of the Church of England without banns of matrimony having been duly published (not being a marriage solemnized on the authority of a special licence, a common licence or a certificate of a superintendent registrar);
(c)solemnizes a marriage according to the said rites (not being a marriage by special licence [F1or a marriage in pursuance of section 26(1)(dd) of this Act]) in any place other than a church or other building in which banns may be published;
(d)solemnizes a marriage according to the said rites falsely pretending to be in Holy Orders;
shall be guilty of felony and shall be liable to imprisonment for a term not exceeding fourteen years.
(2)Any person who knowingly and wilfully—
(a)solemnizes a marriage (not being a marriage by special licence, a marriage according to the usages of the Society of Friends or a marriage between two persons professing the Jewish religion according to the usages of the Jews) in any place other than—
(i)a church or other building in which marriages may be solemnized according to the rites of the Church of England, or
(ii)the registered building [F2office or person’s residence specified as the place where the marriage was to be solemnized] in the notice of marriage and certificate required under Part III of this Act;
(b)solemnizes a marriage in any such registered building as aforesaid (not being a marriage in the presence of an authorised person) in the absence of a registrar of the district in which the registered building is situated;
[F3(bb)solemnizes a marriage in pursuance of section 26(1)(dd) of this Act, otherwise than according to the rites of the Church of England, in the absence of a registrar of the registration district in which the place where the marriage is solemnized is situated;]
(c)solemnizes a marriage in the office of a superintendent registrar in the absence of a registrar of the district in which the office is situated;
(d)solemnizes a marriage on the authority of a certificate of a superintendent registrar (not being a marriage by licence) within twenty-one days after the day on which the notice of marriage was entered in the marriage notice book; or
(e)solemnizes a marriage on the authority of a certificate of a superintendent registrar after the expiration of three months from the said day on which the notice of marriage was entered as aforesaid;
shall be guilty of felony and shall be liable to imprisonment for a term not exceeding five years.
(3)A superintendent registrar who knowingly and wilfully—
(a)issues any certificate for marriage (not being a marriage by licence) before the expiration of twenty-one days from the day on which the notice of marriage was entered in the marriage notice book, or issues a certificate for marriage by licence before the expiration of one whole day from the said day on which the notice was entered as aforesaid;
(b)issues any certificate or licence for marriage after the expiration of three months from the said day;
(c)issues any certificate the issue of which has been forbidden under section thirty of this Act by any person entitled to forbid the issue of such a certificate; or
(d)solemnizes or permits to be solemnized in his office [F4or, in the case of a marriage in pursuance of section 26(1)(dd) of this Act, in any other place] any marriage which is void by virtue of any of the provisions of Part III of this Act;
shall be guilty of felony and shall be liable to imprisonment for a term not exceeding five years.
(4)No prosecution under this section shall be commenced after the expiration of three years from the commission of the offence.
(5)Any reference in subsection (2) of this section to a registered building shall be construed as including a reference to any chapel registered under section seventy of this Act.
Textual Amendments
F1Words inserted by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 20(a)
F2Words substituted by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 20(b)
F3S. 75(2)(bb) inserted by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 20(c).
F4Words inserted by Marriage Act 1983 (c. 32, SIF 49:1), s. 1(7), Sch. 1 para. 20(d)
Modifications etc. (not altering text)
C1S. 75(1)(a),(2)(a) excluded by Marriage (Registrar General's Licence) Act 1970 (c. 34), s. 16(4)