Marriage with Foreigners Act 1906

SCHEDULE

PART IProvisions applicable except in Scotland

A.—CONDITIONS

1The applicant shall sign a notice stating the name, surname, profession, condition, nationality, and residence of each of the parties to the marriage, and whether each of the parties is or is not a minor.

2The applicant shall at the time of giving the notice make and subscribe in a book to be kept by the registrar or officer for the purpose, an oath—

(a)that the applicant believes that there is no impediment to the marriage by reason of kindred or alliance, or otherwise ; and

(b)that the applicant has for three weeks immediately preceding had his usual residence within the district of the registrar or officer ; and

(c)if the applicant, not being a widower or widow, is under the age of twenty-one years, that the consent of the persons whose consent to the marriage is required by law has been obtained thereto, or that there is no person having authority to give that consent, as the case may be.

3The registrar or officer shall file every such notice and keep it with the archives of his office, and shall forthwith enter in a book of notices to be kept by him for the purpose, and post up in some conspicuous place in his office a copy of every such notice, and shall keep it so posted up for at least twenty-one days.

4The book in which the notice is entered, and the copy posted up, shall be open at all reasonable times without fee to the inspection of any person.

B.—PROVISIONS AS TO FORBIDDING CERTIFICATE, AND AS TO CAVEATS

5Any person whose consent is required by law to marriages solemnised in England may forbid the certificate by writing the word "forbidden" opposite to the entry of the application in the book of notices, and by subscribing thereto his name and residence and the character by reason of which he is authorised to forbid the certificate.

6(a)Any person may enter with the registrar or officer a caveat against the granting of the certificate, signed by him or in his behalf and stating his residence and the grounds of his objection.

(b)The registrar or officer shall examine into the matter of the caveat and decide whether it ought to obstruct the giving of the certificate or not, but he may if he thinks fit refer the matter to the Registrar-General to decide. If the registrar or officer decides the question himself, and decides that the caveat ought to obstruct the granting of the certificate, the applicant for the certificate may appeal to the Registrar-General in manner provided by regulations made under this Act.

(c)The caveat shall cease to operate—

(i)if withdrawn by the persons entering it ; or

(ii)if it is decided by the registrar or officer or by the Registrar General on appeal that it ought not to obstruct the giving of the certificate.

PART IIProvisions applicable in Scotland

A.—CONDITIONS

1The applicant shall give a notice to the registrar of the parish or district in which he shall have resided for a period of not less than fifteen clear days previous to the giving thereof. Such notice shall be in the form as nearly as may be set forth in Schedule A. to the [41 & 42 Vict. c. 43.] Marriage Notice (Scotland) Act, 1878, but shall state, in addition to the particulars therein set out, the nationality of the parties to the intended marriage.

2On the receipt of a notice of an intended marriage the registrar, being satisfied that the notice is conformable to the requirements of this Act, shall forthwith enter the particular; set forth in the notice in the Marriage Notice Book kept in terms of the Marriage Notice (Scotland) Act, 1878, and shall on the same day post or put up in a conspicuous and accessible place on the door or outer wall of his office a public notice of the intended marriage, in the form as nearly as may be set forth in the Schedule B. annexed to the said last mentioned Act, but stating, in addition to the particulars therein set out, the nationality of the parties to the intended marriage, and shall keep the same so posted or put up for seven consecutive days thereafter.

B.—PROVISIONS AS TO OBJECTIONS

3(a)Any person may enter with the registrar an objection against the granting of the certificate signed by him or on his behalf, and stating his residence and the grounds of his objection.

(b)The registrar shall refer any objection to the Registrar-General, who shall decide whether it ought to obstruct the granting of the certificate or not, and shall instruct the registrar accordingly, and the instructions so given shall be carried out by the registrar.

(c)The objection shall cease to operate—

(i)if withdrawn by the person entering it ; or

(ii)if it is decided by the Registrar General that it ought not to obstruct the granting of the certificate.