A
transcript of the Marriage Act, 1949
Parts IV - VI
PART IV.
REGISTRATION OF MARRIAGES.
53. Subject to the provisions of Part V of
this Act, a marriage shall be registered in accordance with the provisions of
this Part of this Act by the following person, that is to say,-
(a) in the case of a marriage solemnized according to the rites of the Church
of England, by the clergyman by whom the marriage is solemnized ;
(b) in the case of a marriage solemnized according to the usages of the Society
of Friends, by the registering officer of that Society appointed for the
district in which the marriage is solemnized ;
(c) in the case of a marriage solemnized according to the usages of persons
professing the Jewish religion, by the secretary of the synagogue of which the
husband is a member ;
(d) in the case of a marriage solemnized in a registered building in the
presence of a registrar, by that registrar ;
(e) in the case of a marriage solemnized in a registered building without the
presence of a registrar, by the authorised person in whose presence the
marriage is solemnized ;
(f) in the case of a marriage solemnized in the office of a superintendent
registrar, by the registrar in whose presence the marriage is solemnized.
54.-(I) The Registrar General shall furnish
to the rector, vicar or curate in charge of every church and chapel in which
marriages may be solemnized according to the rites of the Church of England
(hereafter in this Part of this Act referred to as the "incumbent")
and to every registering officer of the Society of Friends, secretary of a
synagogue and registrar and, in the case of a registered building for which an
authorised person has been appointed, to the authorised person or to the
trustees or governing body of the building, such number of register books for
making entries of marriages in the prescribed form, and such number of forms
for making certified copies of those entries, as may be required for the
purposes of this Part of this Act.
(2) Marriage register books furnished as aforesaid shall be of durable
materials, and the heads of information required to be known and registered in
relation to marriages shall be printed on each side of every leaf thereof; and
every page of a marriage register book, and every place of entry therein, shall
be numbered progressively from the beginning to the end of the book, beginning
with the number one, and every entry shall be divided from the following entry
by a printed line.
55.-(I) Every person who is required under
this Part of this Act to register a marriage shall, immediately after the
solemnization of the marriage, or, in the case of a marriage according to the
usages of the Society of Friends, as soon as conveniently may be after the
solemnization of the marriage, register in duplicate in two marriage register
books the particulars relating to the marriage in the prescribed form :
Provided that-
(a) where a registrar is required to register a marriage as aforesaid, the said
particulars need not be registered in duplicate ;
(b) before registering a marriage in accordance with the provisions of this
Part of this Act, a registering officer of the Society of Friends and a
secretary of a synagogue shall, whether or not he was present at the marriage,
satisfy himself that the proceedings in relation to the marriage were
conformable to the usages of the said Society or of persons professing the Jewish
religion, as the case may be.
(2) Every entry made in a marriage register book by virtue of this section by a
clergyman, registering officer, secretary or authorised person shall be signed
by the clergyman, registering officer, secretary or authorised person, as the
case may be, and by the parties to the marriage and two witnesses, and every
entry so made by a registrar shall be signed by the person by or before whom
the marriage was solemnized, if any, and by the registrar, the parties to the
marriage and two witnesses.
(3) Every entry made in a marriage register book by virtue of this section
shall be made in consecutive order from the beginning to the end of each book
and, in the case of an entry made otherwise than by a registrar, the number of
the entry shall be the same in each duplicate marriage register book.
56. Every person who is required under this
Part of this Act to register a marriage may ask the parties to the marriage the
particulars relating to the marriage which are required to be entered in the
marriage register book.
57.-(I) Every incumbent, registering officer
of the Society of Friends, secretary of a synagogue, authorised person and
registrar shall in the months of January, April, July and October-
(a) make and deliver to the superintendent registrar, on forms supplied by the
Registrar General, a true copy certified by him under his hand of all entries
of marriages made in the marriage register book kept by him during the period
of three months ending with the last day of the month immediately before the
month in which the copy is required by this subsection to be made ; or
(b) if no marriage has been registered in the said book during that period,
deliver to the superintendent registrar a certificate of that fact under his
hand, on a form supplied by the Registrar General.
(2) The certified copies and certificates required to be delivered by a
registrar under the last foregoing subsection shall be delivered to the
superintendent registrar on such days in the months of January, April, July and
October as may be appointed by the Registrar General, and shall be certified by
the registrar in the prescribed form.
(3) Any incumbent and any authorised person who is required by subsection (I)
of this section to deliver to the superintendent registrar a certified copy of
entries in the marriage register book or a certificate that no marriage has
been registered, may deliver the copy or certificate to any registrar who is
under the superintendence of that superintendent registrar, and every registrar
who receives such a certified copy or certificate shall deliver it to the
superintendent registrar ; and a superintendent registrar may direct the
registrars under his superintendence quarterly or more often, if he thinks fit
or is ordered so to do by the Registrar General, to collect any such certified
copies or certificates from every incumbent and authorised person within his
registration district.
(4) The superintendent registrar shall pay or cause to be paid to every
incumbent and authorised person by whom a certified copy is delivered under
subsection (I) of this section the sum of sixpence for every entry contained in
the certified copy ; and that sum shall be reimbursed to the superintendent
registrar by the council of the county or county borough in which registration
district is situated :
Provided that where a registration district is in the administrative county of
London the said sum shall be reimbursed to the superintendent registrar by-
(a) in the case of a registration district in a metropolitan borough, the
council of that borough ;
(b) in the case of a registration district in the City of London, the Common
Council of that City.
(5) Where a certified copy is delivered to the superintendent registrar by a
registrar under subsection (I) of this section, the superintendent registrar
shall verify the copy and, if the copy if found to be correct, shall certify it
under his hand to be a true copy ; and where a certificate that no marriage has
been registered is so delivered, the superintendent registrar shall countersign
the certificate.
(6) A superintendent registrar who is not a salaried officer shall be entitled
to receive the sum of two pence for every entry in the certified copies
delivered to him under this section, and shall four times in every year make
out an account of the number of entries in the certified copies delivered to
him during the preceding three months.
58.-(I) Every superintendent registrar shall,
four times in every year on such days as may be appointed by the Registrar General,
send to the Registrar General all certified copies of entries in marriage
register books which he has received during the three months immediately before
the days so appointed respectively, and if it appears, by interruption of the
regular progression of numbers or otherwise, that the copy of any part of any
book has not been duly delivered to him, the superintendent registrar shall as
far as possible procure, consistently with the provisions of this Part of this
Act, that the deficiency is remedied.
(2) The certified copies sent to the Registrar General under the last foregoing
subsection shall be kept in the General Register Office in such order and such
manner as the Registrar General, under the direction of the Minister of Health,
may think fit so that they may be most readily seen and examined.
59. Every incumbent, registering officer of
the Society of Friends, secretary of a synagogue, authorised person and
registrar shall keep marriage register books safely until they are filled, so
however that any register book kept by an authorised person shall be kept in
accordance with regulations made under section seventy-four of this Act and any
register book kept by a registrar shall, when not in use, be kept in the
register box provided for the purpose by the Registrar General in accordance
with section fourteen of the Births and Deaths Registration Act, 1836.
60.-(I) Where any marriage register book
required to be kept in duplicate under this Part of this Act is filled, one
copy thereof shall be delivered to the superintendent registrar and the other
copy-
(a) in the case of a register book kept by an incumbent, shall remain in the
custody of the incumbent and be kept by him with the registers of baptisms and
burials of the parish or other ecclesiastical district in which the marriages
registered therein have been solemnized ;
(b) in the case of a register book kept by a registering officer of the Society
of Friends or by the secretary of a synagogue, shall remain in the custody of
the members of the Society of Friends or of persons professing the Jewish
religion, as the case may be, to be kept with the other registers and records
of the said Society or of the said persons, and shall, for the purposes of this
Act, be deemed to be in the keeping of the registering officer or secretary for
the time being, as the case may be ;
(c) in the case of a register book kept by an authorised person, shall be kept
in prescribed custody.
(2) Where a marriage register book kept by a registrar is filled, the registrar
shall deliver it to the superintendent registrar to be kept by him with the
records of his office.
61.-(I) A person required to register a
marriage under this Part of this Act who discovers an error in the form or
substance of an entry made in a marriage register book kept by him shall not be
liable to any penalty by reason only that, within one month after the discovery
of the error, he corrects the erroneous entry in the presence of the parties to
the marriage to which the entry relates or, in the case of the death or absence
of either of those parties, in the presence of the superintendent registrar and
two other credible witnesses, by entry in the margin of the register book,
without any alteration of the original entry.
(2) Any such marginal entry as aforesaid shall be signed by the person by whom
the entry is made and shall be attested by the persons in whose presence the
entry is required to be made under the last foregoing subsection, and the
person by whom the entry is made shall add the date when it is made.
(3) Where any such marginal entry is made by a person who is required to
register marriages in duplicate under this Part of this Act, that person shall
make the like entry, attested in the like manner, in the duplicate marriage
register book.
(4) Any person who makes any such marginal entry as aforesaid shall make the
like entry in the certified copy of the register book required to be made by
him under this Part of this Act or, if a certified copy has already been
delivered to the superintendent registrar, shall make and deliver to the
superintendent registrar a separate certified copy of the erroneous entry and
of the marginal correction made therein.
(5) Where a marriage to which an erroneous entry in a marriage register relates
has been solemnized according to the rites of the Church of England and either
of the parties to the marriage is dead or absent, the reference in subsection
(I) of section to the superintendent registrar and two other credible witnesses
shall be construed as a reference either to those persons or to the church
wardens or chapel wardens of the church or chapel in which the marriage was
solemnized.
62.-(I) Where any church or chapel of the
Church of England ceases to be used for the solemnization of marriages, whether
by reason of demolition, revocation of a licence or otherwise, any marriage
register books in the custody of the incumbent of that church or chapel shall
forthwith be delivered to the incumbent of the church which is, or becomes, the
parish church of the parish in which the disused church or chapel is situated.
(2) Any incumbent to whom any marriage register books have been delivered under
the last foregoing subsection-
(a) shall, when he next delivers to the superintendent registrar under this
Part of this Act a certified copy of the entries in the marriage register books
of marriages solemnized in the parish church, deliver also a copy of all
entries which have been made in the first mentioned marriage register books
after the date of the last entry therein of which a certified copy has already
been delivered to the superintendent registrar; and
(b) shall, unless the said first mentioned marriage register books are the only
register books in use for the parish, forward such of the said books as have
not been filled to the Registrar General in order that they may be formally
closed.
63.-(I) Every incumbent, registering officer
of the Society of Friends, secretary of a synagogue and registrar by whom a
marriage register book is kept shall at all reasonable hours allow searches to
be made in any marriage register book in his keeping, and shall give a copy
certified under his hand of any entry in such a book, on payment of the
following fee, that is to say-
(a) for every search covering a period of not more than one year, the sum of
one shilling, and for every search covering a period of more than one year, the
sum of one shilling for the first year together with an additional sixpence for
every additional year; and
(b) for every certified copy, the sum of two shillings and sixpence.
(2) The last foregoing subsection shall apply in the case of a registered
building for which an authorised person has been appointed with the
substitution for the reference to the incumbent of a reference to the person
having the custody of a marriage register book in accordance with regulations
made under section seventy-four of this Act.
64.-(I) Every superintendent registrar shall
cause indexes of the marriage register books in his office to be made and to be
kept with the other records of his office, and the Registrar General shall
supply to every superintendent registrar suitable forms for the making of such
indexes.
(2) Any person shall be entitled at all reasonable hours to search the said
indexes, and to have a certified copy of any entry in the said marriage
register books under the hand of the superintendent registrar, on payment to
the superintendent registrar of the following fee, that is to say :-
(a) for every general search, the sum of five shillings :
(b) for every particular search, the sum of one shilling : and
(c) for every certified copy, the sum of two shillings and sixpence.
65.-(I) The Registrar General shall cause
indexes of all certified copies of entries in marriage register books sent to
him under this Part of this Act to be made and kept in the General Register
Office.
(2) Any person shall be entitled to search the said indexes between the hours
of ten in the morning and four in the afternoon of every day, except Sundays,
Christmas Day and Good Friday, and to have a certified copy of any entry in the
said certified copies of marriage register books, on payment to the Registrar
General or to such other person as may be appointed to act on his behalf of the
following fee, that is to say :-
(a) for every general search, the sum of twenty shillings ;
(b) for every particular search, the sum of one shilling ; and
(c) for every certified copy, the sum of two shillings and sixpence.
(3) The Registrar General shall cause all certified copies of entries given in
the General Register Office to be sealed or stamped with the seal of that
Office ; and any certified copy of an entry to be sealed or stamped with the
said seal shall be received as evidence of the marriage to which it relates
without any further or other proof of the entry, and no certified copy
purporting to have been given in the said Office shall be of any force or
effect unless it is sealed or stamped as aforesaid.
(4) Every sum received under this section by or on behalf of the Registrar
General shall be accounted for by the Registrar General and paid by him, at
such times as the Treasury from time to time may direct, into the Exchequer.
66. Any certificate, return or other document
required by this Part of this Act to be delivered or sent to the Registrar
General, a superintendent registrar or a registrar may be sent by post.
67. In this Part of this Act, except where
the context otherwise requires, the following expressions have the meanings
hereby respectively assigned to them, that is to say :-
"general search" means a search conducted during any number of
successive hours not exceeding six, without the object of the search being
specified ;
"incumbent" has the meaning assigned to it by section fifty-four of
this Act ;
"particular search" means a search of the indexes covering a period
not exceeding five years for a specified entry ;
"registering officer of the Society of Friends" means a person whom
the recording clerk of the Society of Friends certifies in writing under his
hand to the Registrar General to be a registering officer in England of that
Society ;
"secretary of a synagogue" means-
(a) a person whom the President of the London Committee of Deputies of the
British Jews certifies in writing to the Registrar General to be the secretary
of a synagogue in England of persons professing the Jewish religion ;
(b) the person whom twenty householders professing the Jewish religion and
being members of the West London Synagogue of British Jews certify in writing
to the Registrar General to be the secretary of that Synagogue ;
(c) a person whom the secretary of the said Synagogue certifies in writing to
be the secretary of some other synagogue of not less than twenty householders
professing the Jewish religion, being a synagogue which is connected with the
said West London Synagogue and has been established for not less than one year
;
"superintendent registrar" means-
(a) in the case of a marriage registered by a clergyman, the superintendent
registrar of the registration district in which the church or chapel in which
the marriage was solemnized is situated ;
(b) in the case of a marriage registered by a registering officer of the
Society of Friends, the superintendent registrar of the registration district
which is assigned by the Registrar General to that registering officer ;
(c) in the case of a marriage registered by the secretary of a synagogue, the
superintendent registrar of the registration district which is assigned by the
Registrar General to that secretary ;
(d) in the case of a marriage registered by an authorised person, the
superintendent registrar of the registration district in which the registered
building in which the marriage was solemnized is situated ;
(e) in them case of a marriage registered by a registrar, the superintendent
registrar of the registration district within which that registrar was
appointed to act.
PART V.
MARRIAGES IN NAVAL, MILITARY, AND AIR FORCE
CHAPELS.
68.-(I) The use of any chapel to which this
Part of this Act applies for the publication therein of banns of marriages to
which this Part of this Act applies, and for the solemnization therein, whether
according to the rites of the Church of England or otherwise, of such
marriages, may be authorised under and subject to the provisions of this Part
of this Act.
(2) This Part of this Act shall apply only to chapels which are certified by
the Admiralty to be naval chapels and to chapels which are certified by a
Secretary of State to be military or air force chapels, and shall apply only to
marriages between parties of whom one at least is a qualified person, that is
to say a person who, at the relevant date-
(a) is serving in the Royal Navy, the Royal Marines, Regular Land Forces or the
Regular Air Forces ; or
(b) has served in any force mentioned in the last foregoing paragraph otherwise
than with a commission granted or under an engagement entered into only for the
purpose of a war or other national emergency ; or
(c) is, as a member of a reserve of officers, a reserve force, the Territorial
Army or the Auxiliary Air Force, called out on actual or permanent service or
embodied ; or
(d) is a woman actually employed in any capacity specified in the Third
Schedule to this Act, as amended by any Order in Council for the time being in
force under this section, in the service of any force mentioned in the
foregoing paragraphs of this subsection ; or
(e) is a daughter of a person qualified under any of the foregoing paragraphs
of this subsection.
(3) For the purposes of the last foregoing subsection, the expression
"relevant date" means-
(a) in a case where notice is given under section eight of this Act before publications
of banns, the date of the notice ;
(b) in a case where banns are published without notice, the date of the first
publication of banns ;
(c) in a case where an oath is taken under section sixteen of this Act for the
purpose of obtaining a common licence, the date of taking the oath ;
(d) in any other case, the date when notice of marriage is given to the
superintendent registrar under section twenty-seven of this Act ;
and the expression "daughter" includes a daughter adopted under the
Adoption of Children Act, 1926, but does not include a step-daughter.
(4) His Majesty may by Order in Council direct that subject to any exceptions
specified in the Order, there shall be added to Part I, Part II or Part III of
the Third Schedule to this Act, women in the service of any of His Majesty's
naval, military or air forces respectively in such capacities as, may be
specified in the Order.
(5) An Order in Council made under the last foregoing subsection may be varied
or revoked by a subsequent Order in Council.
(6) Nothing in this Part of this Act shall be taken to confer upon any person a
right to be married in a chapel to which this Part of this Act applies.
69.-(I) With respect to marriages according
to the rites of the Church of England, the bishop of the diocese in which any
chapel to which this Part of this Act applies is situated may, on the
application of the Admiralty, in the case of a naval chapel, or of a Secretary
of State, in the case of any other chapel, by licence authorise the publication
of banns of marriages to which this Part of this Act applies, and the
solemnization of such marriages, in the chapel, and while any such licence in
respect of the chapel is in force-
(a) any such banns or marriages which could lawfully be published or solemnized
in the parish church of the parish in which the chapel is situated may be
published or solemnized in the chapel ; and
(b) the foregoing provisions of this Act relating to marriages according to the
rites of the Church of England (excluding the provisions specified in Part I of
the Fourth Schedule to this Act) shall apply in relation to the chapel, and in
relation to the publication of banns therein, and in relation to marriages
solemnized or intended to be solemnized therein according to those rites, as if
the chapel were a parish church :
Provided that the provisions of this Act specified in Part II of the said
Schedule shall apply subject to the modifications that Part.
(2) Where a licence has been issued in respect of a chapel under this section,
the bishop of the diocese in which the chapel is situated may at any time, and
shall on the application of the Admiralty or a Secretary of State, revoke the
licence.
(3) Upon the issue or revocation of a licence under this section, the registrar
of the diocese shall register that fact and give notice thereof in writing to
the Admiralty or a Secretary of State, as the case may be, who shall cause a
copy of the notice to be published in the London Gazette and in some newspaper
circulating in the diocese and to be sent to the Registrar General.
(4) The Admiralty or any person authorised by them, in the case of a naval
chapel licensed under this section, and a Secretary of State or any person
authorised by him, in the case of any other chapel so licensed, shall appoint
one or more clergymen for the purpose of registering marriages solemnized in
the chapel according to the rites of the Church of England, and no marriage
shall be solemnized in the chapel according to those rites except in the
presence of a clergyman so appointed.
(5) The provisions of this Act, and of any regulations made under section
seventy-four of this Act, relating to the registration of marriages by
authorised persons shall apply in relation to marriages solemnized according to
the rites of the Church of England in a chapel licensed under this section as
they apply in relation to marriages solemnized in a registered building without
the presence of a registrar, subject to the following modifications :-
(a) for any reference in those provisions to an authorised person there shall
be substituted a reference to a clergyman appointed under this section, and
(b) for any reference in those provisions to the trustees or governing body of
a registered building there shall be substituted a reference to the Admiralty
or any person authorised by them, in the case of a naval chapel, and a
reference to a Secretary of State or any person authorised by him, in the case
of any other chapel.
70.-(I) With respect to marriages otherwise
than according to the rites of the Church of England the Registrar General
shall, on the application of the Admiralty, in the case of a naval chapel, or
of a Secretary of State, in the case of any other chapel, register any chapel
to which this Part of this Act applies for the solemnization therein of
marriages to which this Part of this Act applies, and while any chapel is so
registered-
(a) any such marriages which could lawfully be solemnized in a registered
building situated in the same registration district as the chapel, may be solemnized
in the chapel ; and
(b) the foregoing provisions of this Act relating to marriages otherwise than
according to the rites of the Church of England and to the registration of such
marriages (excluding the provisions specified in Part III of the Fourth Schedule
to this Act) shall apply in relation to the chapel, and in relation to
marriages solemnized or intended to be solemnized therein otherwise than
according to those rites, as if the chapel were a registered building :
Provided that the provisions of this Act specified in Part IV of the said
Schedule shall apply subject to the modifications specified in that Part.
(2) The Registrar General shall, on the application of the Admiralty or a
Secretary of State, as the case may be, cancel the registration of any chapel
registered by him under this section.
(3) Immediately after registering, or cancelling the registration of, any
chapel under this section, the Registrar General shall cause notice of that
fact to be published in the London Gazette and in some newspaper circulating in
the registration district in which the chapel is situated and to be given to
the superintendent registrar of that district, who shall record the
registration or cancellation in such manner as may be prescribed by the
Registrar General.
71. Where a marriage has been solemnized
under this Part of this Act, it shall not be necessary, in support of the
marriage, to give any proof-
(a) that the chapel in which the marriage was solemnized was certified or
licensed or registered in accordance with this Part of this Act ; or
(b) that either of the parties was a qualified person within the meaning of
this Part of this Act ; or
(c) in the case of a marriage according to the rites of the Church of England,
that the marriage was solemnized in the presence of a clergyman duly appointed
under this Part of this Act for the purpose of registering marriages ;
and no evidence shall be given to prove the contrary in any proceedings
touching the validity of any such marriage.
PART VI.
GENERAL.
72.-(I) For the purposes of the following
provisions of this Act, that is to say, subsection (4) of section six paragraph
(b) of subsection (I) of section fifteen and subsection (3) of section
thirty-five, no parish church or authorised chapel shall be deemed to be the
usual place of worship of any person unless he is enrolled on the church
electoral roll of the area in which that church or chapel is situated, and
where any person is enrolled on the church electoral roll of an area in which
he does not reside that enrolment shall be sufficient evidence that his usual
place of worship is a parish church or authorised chapel in that area.
(2) Persons intending to be married shall have the like but no greater right of
having their banns published and marriage solemnized by virtue of the said
provisions in a parish church or authorised chapel which is the usual place of
worship of one or both of them as they have of having their banns published and
marriage solemnized in the parish church or public chapel of the parish or chapelry
in which they or one of them resides.
(3) Where any marriage has been solemnized by virtue of the said provisions it
shall not be necessary in support of the marriage to give any proof of the
actual enrolment of the parties or of one of them on the church electoral roll
of the area in which the parish church or authorised chapel in which the
marriage was solemnized was situated, nor shall any evidence be given to prove
the contrary in any proceedings touching the validity of the marriage.
(4) In this section the expression "church electoral roll" means a
church electoral roll provision for which is made in the Rules for the
Representation of the Laity contained in the Schedule to the Representation of
the Laity Measure, 1929.
73.-(I), The registrar of every. diocese
shall, within fifteen days after the first day of January in every year, make
out and send by post to the Registrar General at his office a list of all
chapels within that diocese in which marriages may be solemnized according to
the rites of the Church of England (being chapels which belong to the Church of
England or have been licensed under Part V of this Act), and shall distinguish
in that list which chapels have a parish, chapelry or other recognised
ecclesiastical division annexed to them, which are chapels licensed under
section twenty of this Act and which are chapels licensed under the said Part
V, and, in the case of chapels licensed under the said section twenty, shall
state in the list the district for which each chapel is licensed according to
the description thereof in the licence.
(2) The Registrar General shall in every year make out and cause to be printed
a list of all chapels included in any list sent to him under the last foregoing
subsection and of all registered buildings and shall state in that list the
county and registration district within which each chapel or registered
building is situated and the names and places of residence of the
superintendent registrars, registrars and deputy registrars of each district.
(3) A copy of every list made by the Registrar General under the last foregoing
subsection shall be sent to every registrar and superintendent registrar.
74. The Registrar General, with the approval
of the Minister of Health, may by statutory instrument make regulations-
(a) prescribing the duties of superintendent registrars, registrars, and
authorised persons under this Act ;
(b) prescribing any thing which by this Act is required to be prescribed.
75.-(I) 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) 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 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 or office specified in the notice of marriage and
certificate required under Part III of this Act ;
(b) so1emnizes 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 ;
(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 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 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.
76.-(I) 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 fifty pounds.
(2) Where any person who is required under Part IV of this Act to make and
deliver to a superintendent registrar a certified copy of entries made in the
marriage register book kept by him, or a certificate that no entries have been made
therein since the date of the last certified copy, refuses to deliver any such
copy or certificate, or fails to deliver any such copy or certificate during
any month in which he is required to do so, he shall be liable on summary
conviction to a fine not exceeding ten pounds.
(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 (I) or subsection (2) 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 (I) of section five of the Criminal Justice Administration
Act, 1914, shall be paid-
(a) case of a fine imposed under subsection (I) of this section, into the
Exchequer ; and
(b) in the case of a fine imposed under subsection (2) of this section, to the
Registrar General or such other person as may be appointed by the Treasury, for
the use of His Majesty.
(5) Subject as may be prescribed, a superintendent registrar may prosecute any
person guilty of an offence under either of the said subsections committed
within his district, and any costs incurred buy 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.
77. Any authorised person who refuses or
fails to comply with the provisions of this Act or of any regulations made
under section seventy-four thereof shall be guilty of an offence against this
Act, and, unless the offence is one for which a specific penalty is provided
under the foregoing provisions of this Part of this Act, shall be liable, on
summary conviction, to a fine not exceeding ten pounds or, on conviction on
indictment, to imprisonment for a term not exceeding two years or to a fine not
exceeding fifty pounds, and shall upon conviction cease to be an authorised
person.
78.-(I) In this Act, except where the context
otherwise requires, the following expressions have the meanings hereby
respectively assigned to them, that is to say-
"authorised chapel" means-
(a) in relation to a chapelry, a chapel of the chapelry in which banns of
matrimony could lawfully be published immediately before the passing of the
Marriage Act, 1823, or in which banns may be published and marriages may be
solemnized by virtue of section two of the Marriages Confirmation Act, 1825, or
of an authorisation given under section three of the Marriage Act, 1823 ;
(b) in relation to an extra-parochial place, a church or chapel of that place
in which banns may be published and marriages may be solemnized by virtue of
section two of the Marriage Confirmation Act, 1825, or of an authorisation
given under section three of the Marriage Act, 1823, or section twenty-one of
this Act ;
(c) in relation to a district specified in a licence granted under section
twenty of this Act the chapel in which banns may be published and marriages may
be solemnized by virtue of that licence ;
"authorised person" has the meaning assigned to section forty-three
of this Act ;
"brother" includes a brother of the half blood ;
"clergyman" means a clerk in Holy Orders of Church of England ;
"common licence" has the meaning assigned to it by section five of
this Act ;
"ecclesiastical district," in relation to a district other than a
parish, means a district specified in a licence granted under section twenty of
this Act, a chapelry or an extra-parochial place ;
"infant" means a person under the age of twenty-one years ;
"marriage notice book" has the meaning assigned to it by section
twenty-seven of this Act ;
"parish" means an ecclesiastical parish and includes a district
constituted under the Church Building Acts, 1818 to 1884, notwithstanding that
the district has not become a new parish by virtue of section fourteen of the
New Parishes Act, 1856, or section five of the New Parishes Measure, 1943,
being a district to which Acts of Parliament relating to the publication of
banns of matrimony and the solemnization of marriages were applied by the said
Church Building Acts as if the district had been an ancient parish, and the
expression "parish church" shall be construed accordingly ;
"prescribed" means prescribed by regulations made under section
seventy-four of this Act ;
"registered building" means a building registered under Part III of
this Act ;
"registrar" means a registrar of marriages ;
"Registrar General" means the Registrar General of Births, Deaths and
Marriages in England ;
"registration district" means the district of a superintendent
registrar ;
"sister" includes a sister of the half-blood ;
"special licence" has the meaning assigned to it by section five of
this Act ;
"superintendent registrar" means a superintendent registrar of
births, deaths and marriages ;
"trustees or governing body," in relation to Roman Catholic
registered buildings, includes a bishop or vicar general of the diocese.
(2) Any reference in this Act to the Church of England shall, unless the
context otherwise requires, be construed as including a reference to the Church
in
79.-(I) The Acts specified in Part I of the
Fifth Schedule to this Act, and the Measures of the Church Assembly specified
in Part II of that Schedule, are hereby repealed to the extent specified in
relation thereto in the third column of that Schedule.
(2) Any banns published, licence or certificate issued, notice, consent,
authorisation or direction given, Order in Council, rules, order, declaration,
return, appointment or entry made, registration effected, caveat entered or
other thing done under any enactment repealed by this Act shall, if in force at
the commencement of this Act, continue in force, and have effect as if
pub1ished, issued, given, made, effected, entered or done under the corresponding
provision of this Act.
(3) Where a period of time specified in any enactment repealed by this Act is
current at the commencement of this Act, this Act shall have effect as if the
corresponding provision thereof had been in force when that period began to
run.
(4) Any document referring to an enactment repealed by this Act shall be
construed as referring to the corresponding provision of this Act.
(5) Nothing in this Act shall affect any law or custom relating to the marriage
of members of the Royal Family.
(6) Nothing in this Act shall affect the right of the Archbishop of Canterbury
or any other person by virtue of the Ecclesiastical Licences Act, 1533, to
grant special licences to marry at any convenient time or place, or affect the
validity of any marriage solemnized on the authority of such a licence.
(7) Nothing, in this Act shall affect the validity of any marriage solemnized
before the commencement of this Act.
(8) Nothing in this Act shall affect any authority given under section three of
the Marriage Act, 1823, before the repeal thereof for the publication of banns
and the solemnization of marriages in any chapel, or affect the operation of
section four of that Act in relation to that chapel.
(9) Nothing in this Act shall affect any right, title, estate interest, will,
claim, payment, commutation, composition, discharge, settlement or other thing,
or the devolution or distribution of any property which, by virtue of section
two of the Deceased Wife’s Sister’s Marriage Act, 1907, was not affected by the
Marriage (Prohibited Degrees of Relationship) Acts, 1907 to 1931.
(10) Nothing in this Act shall enable any proceedings to be taken in an
ecclesiastical court which could not have been taken if this Act had not been
passed.
(11) Nothing in this Act shall require any caution or security to be given
which would not have required to be given if this Act had not been passed.
(12) Nothing in this Act shall affect any power to extend a Measure of the
Church Assembly to the
(13) Nothing in the foregoing provisions of this section shall be taken as
prejudicing the operation of section thirty-eight of the Interpretation Act,
1889 (which relates to the effect of repeals).
80.-(I) This Act may be cited as the Marriage
Act, 1949.
(2) Save as is otherwise expressly provided, this Act shall not extend to
(3) The provisions of this Act specified in the Sixth Schedule to this Act
shall not extend to
(4) This Act shall come into force on the first day of January, nineteen
hundred and fifty.
SCHEDULES. |
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Mother |
Father |
PART II. Statutory exceptions from prohibited degrees of relationship. |
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Deceased wife’s sister |
Deceased sister’s husband |
SECOND SCHEDULE. CONSENTS REQUIRED TO THE MARRIAGE OF AN
INFANT I. WHERE THE INFANT IS LEGITIMATE. |
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Circumstances. I. Where both parents are living : |
Person or Persons whose consent is
required.
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II. WHERE THE INFANT IS ILLEGITIMATE. |
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Circumstances. If the mother of the infant is alive. |
Person whose consent is required. The mother, or if she has by order of any
court been |
THIRD SCHEDULE.
CAPACITIES REFERRED TO IN SECTION 68 (2) (d)
OF THIS ACT.
Part I.
NAVAL FORCES.
Employment with the medical branch of the Royal Navy as an officer.
Member of the Women’s Royal Naval Service.
Member of Queen Alexandra’s Royal Naval Nursing Service, or its reserve.
PART II.
MILITARY FORCES.
Employment with the Royal Army Medical Corps as an officer.
Member of Queen Alexandra’s Imperial Military Nursing. Service, or its reserve.
Member of the Auxiliary Territorial Service.
PART III.
AIR FORCES.
Employment with the medical branch of the Royal Air Force as an officer.
Member of Princess Mary’s Royal Air Force Nursing Service, or its reserve.
Member of the Women’s Auxiliary Air Force.
FOURTH SCHEDULE.
PROVISIONS OF ACT WHICH ARE EXCLUDED OR
MODIFIED
IN THEIR APPLICATION TO NAVAL, MILITARY
AND AIR FORCE CHAPELS
PART I.
EXCLUSION OF PROVISIONS RELATING TO MARRIAGES
ACCORDING T0 THE RITES OF THE CHURCH OF ENGLAND.
Subsection (4) of section six.
Paragraph (b) of subsection (I) of section
fifteen.
The proviso to section seventeen.
Section eighteen.
Section twenty.
Subsection (3) of section thirty-five.
The proviso to subsection (I) of section
forty-four.
Sections fifty-three to fifty-seven,
fifty-nine and sixty, so far as those sections relate to the registration of
marriages by clergymen and to the duties of incumbents in relation to marriage
register books.
PART II.
MODIFICATION OF PROVISIONS RELATING TO
MARRIAGES ACCORDING TO THE RITES OF THE CHURCH OF ENGLAND.
Subsection (I) of section six shall apply as
if the chapel were the parish church of the parish in which the chapel is
situated.
Subsection (3) of section seven shall apply
as if for the reference to the parochial church council there were substituted,
in relation to a naval chapel, a reference to the Admiralty and, in relation to
any other chapel, a reference to a Secretary of State.
Section eight shall apply as if it required
the notice in writing mentioned therein to include a statement that one at
least of the persons to be married is a qualified person within the meaning of
Part V of this Act, and to specify the person so qualified and the nature of
his qualification.
Paragraph (a) of subsection (i) of section fifteen shall apply as if the chapel
were the parish church of the parish in which the chapel is situated.
Subsection (I) of section sixteen shall apply as if it required the oath, which
is to be taken thereunder, to include a statement that one at least of the
persons to be married is a qualified person within the meaning of Part V of
this Act and to specify the person so qualified and the nature of his
qualification.
Subsection (3) of section twenty-seven shall apply as if it required the notice
of marriage to include a statement that one at least of the persons to be
married is a qualified person within the meaning of Part V of this Act and to
specify the person so qualified and the nature of his qualification.
Section fifty shall apply as if for the reference to the officiating clergyman
there were substituted a reference to the clergyman appointed under section
sixty-nine of this Act for the purpose of registering marriages, in whose
presence the marriage is solemnized.
PART III.
OF PROVISIONS RELATING TO MARRIAGES OTHERWISE
THAN ACCORDING TO THE RITES OF THE CHURCH OF ENGLAND.
The proviso to section seventeen.
The proviso subsection (2) of section twenty-six.
Section forty-one.
Section forty-two.
Proviso to subsection (I) of section forty-four.
PART IV.
MODIFICATION OF PROVISIONS RELATING TO
MARRIAGES OTHERWISE THAN ACCORDING TO THE RITES OF THE CHURCH OF ENGLAND.
Subsection (3) of section twenty-seven shall
apply as if it required the notice of marriage to include a statement that one
at least of the persons to be married is a qualified person within the meaning
of Part V of this Act and to specify the person so qualified and the nature of
his qualification :
Sections forty-three, forty-four and fifty-four shall apply as if for any
reference to the trustees or governing body of a building there were
substituted a reference to the Admiralty or any person authorised by them, the
case of a naval chapel, and a reference to a Secretary of State or any person
authorised by him, in the case of any other chapel.
Copyright
Guy Etchells Ó 2002 All rights reserved. Permission is granted for all free personal and
non-commercial uses. It is my intention to make all data contained herein
freely available for all private, non-profit and non-commercial uses.
Commercial use of any portion contained herein is expressly prohibited. |
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