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Marriage Act 1949, Section 76 is up to date with all changes known to be in force on or before 24 February 2025. 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)Any person who refuses or without reasonable cause omits to register any marriage which he is required by this Act to register, and any person having the custody of a marriage register book or a certified copy of a marriage register book or part thereof who carelessly loses or injures the said book or copy or carelessly allows the said book or copy to be injured while in his keeping, shall be liable on summary conviction to a fine not exceeding [F1level 3 on the standard scale].
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Any registrar who knowingly and wilfully registers 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)The balance of any sum paid or recovered on account of a fine imposed under subsection (1) F3... of this section after making any such payments in respect of court or police fees as are mentioned in paragraphs (a), (b) and (c) of subsection (1) of section five of the M1Criminal Justice Administration Act, 1914, shall be paid—
(a)F4... into the Exchequer; F5...
F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)Subject as may be prescribed, a superintendent registrar may prosecute any person guilty of an offence under [F6subsection (1)] committed within his district, and any costs incurred by the superintendent registrar in prosecuting such a person, being costs which are not otherwise provided for, shall be defrayed out of moneys provided by Parliament.
(6)No prosecution under subsection (3) of this section shall be commenced after the expiration of three years from the commission of the offence.
Textual Amendments
F1Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
F2S. 76(2) omitted (1.8.2021) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(10)(b), Sch. 1 para. 45(2) (with Sch. 2)
F3Words in s. 76(4) omitted (1.8.2021) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(10)(b), Sch. 1 para. 45(3)(a) (with Sch. 2)
F4Words in s. 76(4)(a) omitted (1.8.2021) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(10)(b), Sch. 1 para. 45(3)(b) (with Sch. 2)
F5S. 76(4)(b) and word omitted (1.8.2021) by virtue of The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(10)(b), Sch. 1 para. 45(3)(c) (with Sch. 2)
F6Words in s. 76(5) substituted (1.8.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(10)(b), Sch. 1 para. 45(4) (with Sch. 2)
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