C4C6Part III Marriage under F108marriage schedule
Pt. III applied (S.) as to issue of certificates for marriage by Marriage (Scotland) Act 1956 (c. 70), s. 1(3)
Pt. 3 applied (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), ss. 1(2)(a), 21(3); S.I. 2014/93, art. 3(a)
Issue of F110a marriage schedule
Words in s. 26 cross-heading substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 10 (with Sch. 2)
26F52Marriage of a man and a woman; marriage of same sex couples for which no opt-in necessary
1
The following marriages may be solemnized on the authority of F114a marriage schedule—
a
a marriage of a man and a woman, in a building registered under section 41, according to such form and ceremony as the persons to be married see fit to adopt;
b
a marriage of any couple in the office of a superintendent registrar;
bb
a marriage of any couple on approved premises;
c
a marriage of a man and a woman according to the usages of the Society of Friends (commonly called Quakers);
d
a marriage between a man and a woman professing the Jewish religion according to the usages of the Jews;
dd
a qualifying residential marriage;
e
a marriage of a man and a woman according to the rites of the Church of England in any church or chapel in which banns of matrimony may be published.
2
In this section “qualifying residential marriage” means—
a
the marriage of a man and a woman (other than a marriage in pursuance of subsection (1)(c) or (d) above), one or each of whom is house-bound or a detained person, at the usual place of residence of the house-bound or detained person or persons, or
b
the marriage of a same sex couple (other than a marriage according to the rites of the Church of England or other religious rites or usages), one or each of whom is house-bound or a detained person, at the usual place of residence of the house-bound or detained person or persons.
C626AC6F49Opt-in to marriage of same sex couples: places of worship
1
A marriage of a same sex couple in an appropriately registered building according to such form and ceremony as the persons to be married see fit to adopt may be solemnized on the authority of F115a marriage schedule.
2
For the purposes of this section “appropriately registered building” means a building which has been registered under section 43A.
3
An application for registration of a building under section 43A may not be made unless the relevant governing authority has given written consent to marriages of same sex couples.
4
For that purpose, in relation to a building—
“relevant governing authority” means the person or persons recognised by the members of the relevant religious organisation as competent for the purpose of giving consent for the purposes of this section;
“relevant religious organisation” means the religious organisation for whose religious purposes the building is used.
5
Nothing in this section is to be taken to relate or have any reference to marriages solemnized according to the rites of the Church of England.
6
This section is subject (in particular) to sections 44A to 44C (registration of shared buildings for marriage of same sex couples) and regulations made under any of those sections.
26BF50Opt-in to marriage of same sex couples: other religious ceremonies
1
A marriage may, in any of the following cases, be solemnized on the authority of F116a marriage schedule.
2
Case A is where—
a
the marriage is of a same sex couple according to the usages of the Society of Friends (commonly called Quakers), and
b
the relevant governing authority has given written consent to such marriages of same sex couples.
3
For that purpose “relevant governing authority” means the recording clerk for the time being of the Society of Friends in London.
4
Case B is where—
a
the marriage is of a same sex couple professing the Jewish religion according to the usages of the Jews, and
b
the relevant governing authority has given written consent to such marriages of same sex couples.
5
For that purpose the meaning of “relevant governing authority” is to be determined in accordance with this table—
The “relevant governing authority” is... | ...if the marriage falls to be registered by... |
|---|---|
the Chief Rabbi of the United Hebrew Congregations of the Commonwealth | the secretary of a synagogue certified under paragraph (a) of the relevant definition (certification by the President of the Board of Deputies) |
the person or persons duly recognised by the members of—
| — either the secretary of the West London Synagogue, as certified under paragraph (b) of the relevant definition — or the secretary of another synagogue in a case where:
|
the person or persons duly recognised by the members of—
| — either the secretary of the St. John's Wood Synagogue, as certified under paragraph (c) of the relevant definition — or the secretary of another synagogue in a case where:
|
the person or persons duly recognised by the members of the synagogue by whose secretary the marriage falls to be registered | the secretary of a synagogue certified under paragraph (d) of the relevant definition (certification by the secretary of the West London Synagogue or the secretary of the St. John's Wood Synagogue) in a case where the synagogue is not one of those which are constituents of or affiliated to:
|
In that table—
a
“relevant definition” means the definition of “secretary of a synagogue” in section 67;
b
a reference to a person or persons being duly recognised is a reference to the person or persons being recognised for the purpose of giving consent for the purposes of this section.
6
Case C is where—
a
the marriage is of a same sex couple according to religious rites or usages (other than the rites of the Church of England),
b
one or each of the couple is house-bound or a detained person,
c
the marriage is at the usual place of residence of the house-bound or detained person or persons, and
d
the relevant governing authority has given written consent to marriages of same sex couples according to those religious rites or usages.
7
For that purpose—
“relevant governing authority” means the person or persons recognised by the members of the relevant religious organisation as competent for the purpose of giving consent for the purposes of this section;
“relevant religious organisation” means the religious organisation according to whose rites or usages the marriage is to be solemnized.
8
Subsection (6) does not authorise a marriage that may be solemnized under subsection (2) or (4).
27C6 Notice of marriage.
1
Where a marriage is intended to be solemnized on the authority of F92a marriage scheduleF1. . ., notice of marriage in the prescribed form shall be given—
a
if the persons to be married have resided in the same registration district for the period of seven days immediately before the giving of the notice, by F2each of those persons to the superintendent registrar of that district;
b
if the persons to be married have not resided in the same registration district for the said period of seven days as aforesaid, by F3each of those persons to the superintendent registrar of the registration district in which he or she has resided for that period.
F42
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
A notice of marriage shall state F44the name and surname, F66the date of birth, marital status, occupation F5, place of residence and nationality of each of the persons to be marriedF44the name and surname, occupation, place of residence and nationality of each of the persons to be married, whether either of them has previously been married or formed a civil partnership and, if so, how the marriage or civil partnership ended and F6in the case of a marriage intended to be solemnized at a person’s residence in pursuance of section 26(1)(dd) of this Act, which residence is to be the place of solemnization of the marriage and, in any other case,F7the church or other building or premises in or on which the marriage is to be solemnized and—
a
F8. . . shall state the period, not being less than seven days, during which each of the persons to be married has resided in his or her place of residence;
F9b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.
F934
A superintendent registrar in receipt of a notice of marriage must, as soon as reasonably practicable—
a
file the notice of marriage and keep it with the records of the superintendent registrar’s office, and
b
record the notice of marriage by entering in the marriage register the particulars given in that notice together with the date of the notice.
4A
A superintendent registrar must ensure that the following are open to inspection free of charge at all reasonable hours—
a
the particulars and date referred to in subsection (4)(b) in respect of notices given in the superintendent registrar’s registration district;
b
any marriage notice book that was required to be kept in the office of the superintendent registrar before the introduction of the marriage register on 4th May 2021;
c
particulars given in a notice of marriage, the date of the notice and the name of the person by whom the notice was given, where such information has been entered in an approved electronic form in the superintendent registrar’s registration district before the introduction of the marriage register on 4th May 2021.
5
If the persons to be married wish to be married in the presence of a registrar in a registered building for which an authorised person has been appointed, they shall, at the time when notice of marriage is given to the superintendent registrar under this section, give notice to him that they require a registrar to be present at the marriage.
F846
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F847
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27ZAF64F111Circumstances in which a notice of marriage is not to be recorded in the marriage register
The superintendent registrar shall not F127record a notice of marriage in the marriage register in a case where any of the following requirements is applicable but is not complied with—
a
a requirement imposed by or under any of the following provisions of this Act—
section 27A(2) or (3);
section 27A(4);
section 27B(2);
section 27E(3) to (7);
section 27E(8);
section 28B(1);
F174section 28B(1A);
section 28C(4) or (6);
b
the requirement imposed by section 19(2) of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004.
27AC6F10 Additional information required in certain cases.
1
This section applies in relation to any marriage intended to be solemnized at a person’s residence in pursuance of section 26(1)(dd) F53or 26B(6) of this Act, and in the following provisions of this section that person is referred to as “the relevant person”.
2
Where the relevant person is not a detained person, F11each notice of marriage required by section 27 of this Act shall be accompanied by a medical statement relating to that person made not more than fourteen days before the date on which the notice is given.
3
Where the relevant person is a detained person, F11each notice of marriage required by section 27 of this Act shall be accompanied by a statement made in the prescribed form by the responsible authority not more than twenty-one days before the date on which notice of the marriage is given under section 27—
a
identifying the establishment where the person is detained; and
b
stating that the responsible authority has no objection to that establishment being specified in the notice of marriage as the place where that marriage is to be solemnized.
4
F12Each person who gives notice of the marriage to the superintendent registrar in accordance with section 27 of this Act shall give the superintendent registrar the prescribed particulars, in the prescribed form, of the person by or before whom the marriage is intended to be solemnized.
F675
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
The fact that a superintendent registrar has received a statement under subsection (2) or (as the case may be) (3) of this section shall be entered in the F118marriage register together with the particulars given in the notice of marriage and any such statement together with the form received under subsection (4) of this section shall be filed and kept with the records of the office of the superintendent register or, where notice of marriage is required to be given to two superintendent registrars, of F13each of them.
F1176A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
In this section—
“medical statement”, in relation to any person, means a statement made in the prescribed form by a registered medical practitioner that in his opinion at the time the statement is made—
a
by reason of illness or disability, he or she ought not to move or be moved from the place where he or she is at the time, and
b
it is likely that it will be the case for at least the following three months that by reason of the illness or disability he or she ought not to move or be moved from that place; and
“registered medical practitioner” has the meaning given by Schedule 1 to the Interpretation Act M11978; and
“responsible authority” means—
a
if the person is detained in a hospital (within the meaning of Part II of the Mental Health Act M21983), the managers of that hospital (within the meaning of section 145(1) of that Act); or
b
if the person is detained in a prison or other place to which the Prison Act M31952 applies, the governor or other officer for the time being in charge of that prison or other place.
27BC6F14 Provisions relating to section 1(3) marriages.
1
This section applies in relation to any marriage mentioned in subsection (2) of section 1 of this Act which is intended to be solemnized on the authority of F119a marriage schedule.
2
The superintendent registrar shall not F120record notice of the marriage in the marriage registerF48, unless—
a
he is satisfied by the production of evidence that both the persons to be married have attained the age of twenty-one; and
b
he has received a declaration made in the prescribed form by each of those persons, each declaration having been signed and attested in the prescribed manner, specifying their affinal relationship and declaring that the younger of those persons has not at any time before attaining the age of eighteen been a child of the family in relation to the other.
3
The fact that a superintendent registrar has received a declaration under subsection (2) of this section shall be entered in the F121marriage register together with the particulars given in the notice of marriage and any such declaration shall be filed and kept with the records of the office of the superintendent registrar or, where notice of marriage is required to be given to two superintendent registrars, of each of them.
F1223A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
Where the superintendent registrar receives from some person other than the persons to be married a written statement signed by that person which alleges that the declaration made under subsection (2) of this section is false in a material particular, F123a marriage schedule may not be issuedF15. . . unless a declaration is obtained F56... under subsection (5) of this section.
5
Either of the persons to be married may, whether or not any statement has been received by the superintendent registrar under subsection (4) of this section, apply to the High Court F55or the family court for a declaration that, both those persons having attained the age of twenty-one and the younger of those persons not having at any time before attaining the age of eighteen been a child of the family in relation to the other, there is no impediment of affinity to the solemnization of the marriage; and where such a declaration is obtained the superintendent registrar may enter notice of the marriage in the F124marriage register and a marriage schedule may be issuedF16. . . whether or not any declaration has been made under subsection (2) of this section.
6
F4627CC6 Provisions relating to section 1(5) marriages.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27DC8F51Additional information required for certain marriages of same sex couples
1
This section applies in relation to any marriage intended to be solemnized in pursuance of section 26B(2), (4) or (6) (marriage of same sex couples: Quaker marriage, Jewish marriage, marriage of house-bound or detained person).
2
The superintendent registrar to whom notice of such a marriage is given under section 27 may require the relevant governing authority to provide a copy of the consent mentioned in section 26B(2)(b), (4)(b) or (6)(d).
3
In this section, “relevant governing authority”, in relation to an intended marriage under section 26B(2), (4) or (6), has the same meaning as in that provision.
27EF57Additional information if party not relevant national
1
This section applies to notice of marriage given to a superintendent registrar in accordance with section 27 if one, or each, of the parties to the proposed marriage is not a relevant national.
2
But this section does not apply if section 39A applies to the proposed marriage.
3
For each party to the proposed marriage who is not a relevant national, the notice must include whichever of statements A, B or C is applicable to that person.
4
Statement A is a statement that the person has the appropriate immigration status.
5
Statement B is a statement that the person holds a relevant visa in respect of the proposed marriage.
6
Statement C is a statement that the person neither—
a
has the appropriate immigration status, nor
b
holds a relevant visa in respect of the proposed marriage.
7
If the notice contains the statement referred to in the first column of an entry in this table, the notice must be accompanied by the information and photographs referred to in the second column of that entry (insofar as that entry is applicable to the parties to the proposed marriage)—
If the notice includes this statement... | ...the notice must be accompanied by... |
|---|---|
Statement A (in respect of one or both of the parties to the proposed marriage) | For each party in respect of whom statement A is made, details of the particular immigration status which that party has |
Statement B (in respect of one or both of the parties to the proposed marriage) |
|
Statement C (in respect of one or both of the parties to the proposed marriage) |
|
8
If the notice contains more than one of statements A, B and C, subsection (7) must be complied with in relation to each of those statements; but where the notice contains statements B and C, subsection (7) does not require the notice to be accompanied by more than one specified photograph of each party.
9
If the notice includes statement C for a party to the proposed marriage—
a
the notice may be accompanied by a statement (“statement D”) of that person's immigration position in the United Kingdom;
b
if the notice is accompanied by statement D for a party to the proposed marriage, the person may provide the superintendent registrar with details of his or her immigration position in the United Kingdom; and
c
if any such details are provided, the superintendent registrar must record them F126in the marriage register.
10
In this section—
a
a reference—
i
to a person having the appropriate immigration status, or
ii
to a person holding a relevant visa,
has the same meaning as in section 49 of the Immigration Act 2014;
b
a reference to the particular immigration status which a person has is a reference to the immigration status set out in any of paragraphs (a) to (c) of section 49(2) of that Act which the person has;
c
a reference to a person's immigration position in the United Kingdom includes a reference to the person's not being entitled to be in the United Kingdom.
11
In this section “specified photograph” means a photograph that is in accordance with regulations made under section 28G (and for this purpose “photograph” includes other kinds of images).
28C6 Declaration to accompany notice of marriage. C1
C21
No F128marriage schedule shall be issued by a superintendent registrar unless the notice of marriage is accompanied by a solemn declaration in writing, in the body or at the foot of the notice, made and signed at the time of the giving of the notice by the person by whom the notice is given and attested as mentioned in subsection (2) of this section—
a
that he or she believes that there is no impediment of kindred or alliance or other lawful hindrance to the marriage;
F17b
that the persons to be married have for the period of 7 days immediately before the giving of the notice had their usual places of residence within the registration district or registration districts in which notice is given;
F176c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F68d
that he or she believes all of the information stated in the notice, and all information and evidence supplied with the notice, is true.
2
Any such declaration as aforesaid shall be signed by the person giving the notice of marriage in the presence of the superintendent registrar to whom the notice is given or his deputy, or in the presence of a registrar of births and deaths or of marriages for the registration district in which the person giving the notice resides or his deputy, and that superintendent registrar, deputy superintendent registrar, registrar or deputy registrar, as the case may be, shall attest the declaration by adding thereto his name, description and place of residence.
F1828AC6F69Power to require evidence of consent to marriages of same sex couples
F721
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C9F541A
In the case of an intended marriage to which section 27D applies, the superintendent registrar to whom the notice of the marriage is given may require the relevant governing authority to produce evidence relating to the consent mentioned in section 26B(2)(b), (4)(b) or (6)(d).
C72
F71A requirement under subsection (1A) may be imposed at any time—
a
on or after the giving of the notice of marriage; but
F129b
before a marriage schedule is issued.
F703
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
28BF58Provision of evidence
1
A notice of marriage under section 27 must, in relation to each of the parties to the marriage, be accompanied by specified evidence of the following matters—
a
the person's name and surname;
b
the person's date of birth;
c
the person's place of residence;
d
the person's nationality.
F1751A
If a party to the marriage is a relevant national within the meaning of paragraph (ab) of the definition of “relevant national” in section 78(1), the notice of marriage under section 27 must also be accompanied—
a
where the party falls within paragraph (ab)(i) of that definition, by an electronic certificate which confirms that the leave referred to in that provision has been granted; or
b
where the party falls within paragraph (ab)(ii) of that definition—
i
by a certificate of application which confirms that the application referred to in regulation 4 of the Citizens’ Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 has been made; and
ii
by evidence that the relevant period referred to in regulation 4 of those Regulations has not expired.
2
A person giving a notice of marriage under section 27 must provide the superintendent registrar to whom the notice is given with specified evidence—
a
as to whether the person has previously been married or formed a civil partnership; and
b
if so, as to the ending of the marriage or civil partnership.
3
In this section “specified evidence” means evidence that is in accordance with regulations made under section 28G.
28CAdditional evidence if party not relevant national
1
This section applies to notice of marriage given to a superintendent registrar in accordance with section 27 if one, or each, of the parties to the proposed marriage is not a relevant national.
2
If the notice includes statement A (referred to in section 27E(4)), and accordingly is accompanied by details of the particular immigration status which a party to the proposed marriage has, the notice must be accompanied by specified evidence of that status.
3
If the notice includes statement B (referred to in section 27E(5)), the notice must be accompanied by specified evidence of the holding of the relevant visa by the party to the proposed marriage.
4
If, in accordance with section 27E(7), the notice is accompanied by the usual address of a party to the proposed marriage, the notice must also be accompanied by specified evidence that it is that party's usual address.
5
If the notice includes statement D (referred to in section 27E(9)), the notice may be accompanied by evidence of the person's immigration position in the United Kingdom.
6
If subsection (2) or (3) applies to the notice, and the notice is not accompanied by the specified evidence required by that subsection, the notice must be accompanied by—
a
photographs and addresses of the kinds referred to in paragraphs 1 and 2 in the relevant entry in section 27E(7);
b
as respects the usual address of each party that is provided in accordance with paragraph (a), specified evidence that the address provided is that party's usual address; and
c
addresses, names and aliases of the kinds referred to in paragraphs 3 to 5 in the relevant entry in section 27E(7) (insofar as those paragraphs are applicable to the parties to the proposed marriage).
7
In this section—
“relevant entry in section 27E(7)” means the second column of the last entry in the table in section 27E(7);
“specified evidence” means evidence that is in accordance with regulations made under section 28G.
28DChange of usual address or UK contact address
1
The Secretary of State may, by regulations, make provision about the giving to the Secretary of State of—
a
notice of a person's usual address, if the person's notified usual address changes;
b
notice of a UK contact address, if the person's notified usual address is not in the United Kingdom;
c
notice of a person's UK contact address, if the person's notified UK contact address changes;
d
evidence of any address notified in accordance with regulations under paragraph (a), (b) or (c).
2
The provision that may be made in regulations under this section includes—
a
provision imposing a requirement on a person;
b
provision about the rejection of information or evidence which there are reasonable grounds to suspect to be false.
3
Regulations under subsection (1)(d) may, in particular, make any provision of the kind that may be made under section 28G(3).
4
Regulations under this section are to be made by statutory instrument; and a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
5
In this section—
“notified UK contact address” means an address in the United Kingdom, at which a person can be contacted by post, that has been notified in accordance with—
- a
section 27E(7) or 28C(6), or
- b
regulations under this section;
- a
“notified usual address” means the usual address of a person that has been notified in accordance with—
- a
section 27E(7) or 28C(6), or
- b
regulations under this section.
- a
28ERejection of false information or evidence
1
A superintendent registrar may reject—
a
any information or photograph provided under section 27, 27E or 28C, or
b
any evidence provided under section 28A, 28B or 28C,
if (in particular) the superintendent registrar has reasonable grounds for suspecting that the information, photograph or evidence is false.
2
If the superintendent registrar rejects any information, photograph or evidence, the superintendent registrar may proceed under this Act as if the rejected information, photograph or evidence had not been provided.
3
This section does not limit the powers of superintendent registrars to reject anything provided under any other enactment.
28FAmendment of notice and evidence provisions
1
The Secretary of State may by order—
a
amend section 27, 27E or 28C so as to vary the information that must or may be given in cases where that section applies;
b
amend section 28B or 28C so as to vary the matters in respect of which evidence must or may be given in cases where that section applies;
c
make such provision (including provision amending section 27ZA, 28D or 28G or any other enactment) as the Secretary of State considers appropriate in consequence of provision made under paragraph (a) or (b).
2
The Secretary of State must consult the Registrar General before making an order under this section.
3
An order under this section is to be made by statutory instrument; and no statutory instrument containing such an order may be made unless a draft of it has been laid before, and approved by resolution of, each House of Parliament.
28GSpecified evidence
1
The Registrar General may make regulations about the evidence that is required to be given for the purposes of section 8, 16 or 28B.
2
The Secretary of State may make regulations about the evidence that is required to be given for the purposes of section 28C.
3
Regulations under this section may, in particular, make provision about—
a
the kind of evidence which is to be supplied;
b
the form in which evidence is to be supplied;
c
the manner in which evidence is to be supplied;
d
the period within which evidence is to be supplied;
e
the supply of further evidence;
f
the sufficiency of evidence supplied;
g
the consequences of failing to supply sufficient evidence in accordance with the regulations (including provision to secure that, in such a case, a particular decision is made or is to be treated as having been made);
h
the retention or copying of evidence supplied.
4
In this section “evidence” includes a photograph or other image.
5
The Secretary of State must consult the Registrar General before making regulations under this section.
6
The Registrar General must obtain the approval of the Secretary of State before making regulations under this section.
7
Regulations under this section are to be made by statutory instrument.
8
A statutory instrument containing regulations under this section made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
28HF59Referral of proposed marriage to Secretary of State
1
On every occasion when notice of marriage is given under section 27, a superintendent registrar must decide whether or not each of the parties to the proposed marriage is an exempt person.
2
But this section does not apply if section 39A applies to the proposed marriage.
3
In making a decision under subsection (1) about a party to a proposed marriage, a superintendent registrar may rely on any advice given in relation to that decision by the Secretary of State.
4
In a case where—
a
section 27E applies to the notice of marriage, and
b
specified evidence required by section 28C(2) or (3) in relation to a party to the proposed marriage is not produced in accordance with that section,
the superintendent registrar must decide that that party to the proposed marriage is not an exempt person.
5
If the superintendent registrar decides that either of the parties is not an exempt person, or that both of the parties are not exempt persons, the superintendent registrar must—
a
refer the proposed marriage to the Secretary of State;
b
notify the parties to the proposed marriage that the proposed marriage must be referred to the Secretary of State;
c
give the parties to the proposed marriage prescribed information about—
i
the effects of the referral;
ii
the requirement under regulations under section 28D to notify the Secretary of State of changes of address.
6
The superintendent registrar must act in accordance with regulations when complying with the duty in subsection (5)(a) to refer a proposed marriage to the Secretary of State.
7
Regulations may, in particular, make provision about—
a
the form, manner or timing of the referral of a proposed marriage;
b
information, photographs or evidence — or copies of any of those things — to be included with the referral of a proposed marriage.
8
Regulations are to be made by statutory instrument; and a statutory instrument containing regulations is subject to annulment in pursuance of a resolution of either House of Parliament.
9
If the superintendent registrar refers the proposed marriage to the Secretary of State, this Act has effect in relation to the proposed marriage subject to the modifications in Schedule 3A.
10
In this section—
a
a reference to a person being an exempt person has the same meaning as in section 49 of the Immigration Act 2014;
b
“prescribed information” means information prescribed in regulations;
c
“regulations” means regulations made by the Secretary of State after consulting the Registrar General.
C1029C6C3 Caveat against issue of F112marriage schedule.
F1301
Any person may enter a caveat with any superintendent registrar against the issue of a marriage schedule in respect of any person named in the caveat and that superintendent registrar must ensure that the fact that it has been entered and the information in it are recorded in the marriage register as soon as reasonably practicable.
2
If any caveat is entered as aforesaid, the caveat having been signed by or on behalf of the person by whom it was entered and stating his place of residence and the ground of objection on which the caveat is founded, no F131marriage scheduleF19. . . shall be issued F132until the relevant superintendent registrar has examined into the matter of the caveat and is satisfied that it ought not to obstruct the issue of the F131marriage scheduleF19. . ., or until the caveat has been withdrawn by the person who entered it; and if the superintendent registrar is doubtful whether to issue a F131marriage scheduleF19. . . he may refer the matter of the caveat to the Registrar General.
F1362A
For the purposes of subsection (2), the relevant superintendent registrar is the superintendent registrar who first records that a notice of marriage has been given by one of the parties to the marriage.
3
4
Any person who enters a caveat against the issue of a F134marriage scheduleF19. . . on grounds which the Registrar General declares to be frivolous and to be such that they ought not to obstruct the issue of the F134marriage scheduleF19. . ., shall be liable for the costs of the proceedings before the Registrar General and for damages recoverable by the person against whose marriage the caveat was entered.
5
For the purpose of enabling any person to recover any such costs and damages as aforesaid, a copy of the declaration of the Registrar General purporting to be sealed with the seal of the General Register Office shall be evidence that the Registrar General has declared the caveat to have been entered on grounds which are frivolous and such that they ought not to obstruct the issue of the F135marriage scheduleF19. . ..
F177C1030 Forbidding of issue of marriage schedule.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C1031C6 Marriage under F109marriage schedule.
F881
Where a marriage is intended to be solemnized on the authority of a marriage schedule, the superintendent registrar to whom notice of marriage is given must display in some conspicuous place in their office, for 28 successive days beginning with the day after the day on which the notice was recorded in the marriage register—
a
the notice of marriage,
b
the particulars given in the notice, in an approved electronic form, or
c
an exact copy, signed by the superintendent registrar, of the particulars given in the notice, as entered in the marriage register.
2
The superintendent registrar for the registration district in which a marriage is to be solemnized must, once satisfied that any of the conditions in subsection (3) is met, issue a document to be known as a “marriage schedule” in any form, and with any content, that may be prescribed, unless—
a
the superintendent registrar is not satisfied that there is no lawful impediment to the issue of the marriage schedule, F178...
F179b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The conditions are that—
a
the waiting period in relation to each notice of marriage has expired;
b
where one party to the marriage resides in Scotland, the superintendent registrar has received a certificate issued to that party under section 7(2) of the Marriage (Scotland) Act 1977 and the waiting period in relation to the notice of marriage given by the party residing in England or Wales has expired;
c
where one party to the marriage is an officer, seaman or marine borne on the books of one of Her Majesty’s ships at sea, the superintendent registrar to whom notice of marriage was given by the other party has received a certificate issued under section 39 to the party borne on the books of one of Her Majesty’s ships at sea and the waiting period in relation to the notice of marriage given by the party residing in England or Wales has expired.
F1803A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
A marriage schedule issued under subsection (2) is to be issued to one or both of the parties to the marriage, except in a case where the marriage is to be solemnized in the presence of a registrar, in which case the marriage schedule is to be issued to that registrar.
F204A
“The waiting period”, in relation to a notice of marriage, means—
a
the period of F6028 days, or
b
such shorter period as may be determined by the Registrar General under subsection (5A) or by a superintendent registrar under any provision of regulations made under subsection (5D),
after the day on which the notice of marriage was F137recorded in the marriage register.
5
Where a marriage is to be solemnized in a registered building for which an authorised person has been appointed and no notice requiring a registrar to be present at the marriage has been given to the superintendent registrar under subsection (5) of section twenty-seven of this Act, the superintendent registrar shall, when issuing a F90marriage schedule, give to F21the person by whom notice of marriage was given printed instructions in the prescribed form for the due solemnization of the marriage.
F225A
If, on an application made to the Registrar General, he is satisfied that there are compelling reasons for reducing the F6128 day period because of the exceptional circumstances of the case, he may reduce that period to such shorter period as he considers appropriate.
5B
F1405C
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5D
The Registrar General may by regulations make provision with respect to the making, and granting, of applications under subsection (5A).
5E
The regulations—
a
may provide for the power conferred by subsection (5A) to be exercised by a superintendent registrar on behalf of the Registrar General in cases falling within a category prescribed in the regulations;
b
may provide for the making of an appeal to the Registrar General against a decision taken by a superintendent registrar in accordance with regulations made by virtue of paragraph (a);
c
may make different provision in relation to different cases;
F635EA
If a proposed marriage is referred to the Secretary of State under section 28H—
a
any application under subsection (5A) is to be made to the Secretary of State; and
b
the power conferred by subsection (5A) is exercisable by the Secretary of State;
F139....
5EB
If the Secretary of State grants an application made under subsection (5A), the Secretary of State must give notice of the grant of the application to the applicant and to the superintendent registrar to whom notice of the marriage was given F91and (if different) to the superintendent registrar responsible for issuing the marriage schedule.
5EC
Regulations under subsection (5D) do not apply to applications made to the Secretary of State in accordance with subsection (5EA).
5ED
The Secretary of State may by regulations make provision with respect to the making, and granting, of applications made in accordance with subsection (5EA).
5EE
The Secretary of State must consult the Registrar General before making regulations under subsection (5ED).
F855F
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F855G
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5H
F865I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F236
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F737
This section has effect subject to section 31ZA.
C1031ZAF65Notice of marriage: false information or evidence
1
A superintendent registrar may refuse to issue a F94marriage schedule under section 31(2) in a case where—
a
notice of marriage has been given under section 27, and
b
a superintendent registrar has reasonable grounds for suspecting that a relevant decision was made incorrectly because of the provision of false information or evidence.
2
If the superintendent registrar refuses to issue the F95marriage schedule, the parties to the proposed marriage are to be taken not to have given notice under section 27; but that does not prevent criminal proceedings from being brought against either party, or any other person, in relation to the giving of the notice.
3
This section does not limit the powers of superintendent registrars to refuse to issue F141a marriage schedule under section 31 in respect of marriages.
4
In this section—
“evidence” includes a photograph or other image;
“exempt person” has the same meaning as in section 28H;
“relevant decision” means a decision of a superintendent registrar that a party to a proposed marriage is an exempt person.
C10F2431AC6 Appeal on refusal under section 31(2)(a) F74or 31ZA.
1
2
On such an appeal, the Registrar General must—
a
confirm the refusal; or
b
direct that a F97marriage schedule be issued.
F752A
In a case where—
a
in reliance on section 31ZA, a superintendent registrar refuses to issue a F98marriage schedule, and
b
on an appeal against the refusal, the Registrar General directs that a F98marriage schedule be issued,
section 31ZA(2) is of no effect — and is to be taken to have never had any effect — in relation to the parties' giving of notice under section 27.
3
If—
a
relying on section 31(2)(a), a superintendent registrar refuses to issue a F99marriage schedule as a result of a representation made to him, and
b
on an appeal against the refusal, the Registrar General declares the representation to have been frivolous and to be such that it ought not to obstruct the issue of a F100marriage schedule,
the person making the representation is liable for the costs of the proceedings before the Registrar General and for damages recoverable by the F101parties making the appeal.
F763A
If—
a
relying on section 31ZA, a superintendent registrar refuses to issue a F102marriage schedule, and
b
on an appeal against the refusal, the Registrar General declares the appeal to have been frivolous,
the F103parties making the appeal are liable for the costs of the proceedings before the Registrar General.
4
For the purpose of enabling a person to recover any F78costs and damages in accordance with subsection (3) or (3A), a copy of the declaration of the Registrar General purporting to be sealed with the seal of the General Register Office is evidence that the Registrar General has declared the representation to have been frivolous and to be such that it ought not to obstruct the issue of a F104marriage scheduleF79(in the case of subsection (3)) or evidence that the Registrar General has declared the appeal to have been frivolous (in the case of subsection (3A)).
F2532C6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C11F2633C6 Period of validity of F113marriage schedule.
1
A marriage may be solemnized on the authority of F142a marriage schedule at any time within the period which is the applicable period in relation to that marriage.
2
If the marriage is not solemnized within the applicable period—
a
the notices of marriage and the F144marriage schedule are void; and
b
no person may solemnize the marriage on the authority of F145that marriage schedule.
3
The applicable period, in relation to a marriage, is the period beginning with the day on which the notice of marriage was F143recorded in the marriage register and ending—
a
in the case of a marriage which is to be solemnized in pursuance of section 26(1)(dd), 37 or 38, on the expiry of three months; and
b
in the case of any other marriage, on the expiry of twelve months.
4
If the notices of marriage given by each person to be married are not F146recorded in the marriage register on the same date, the applicable period is to be calculated by reference to the earlier of the two dates.
F2734C6 Marriages normally to be solemnized in registration district in which one party resides.
Subject to section 35, a superintendent registrar may not issue a F147marriage schedule for the solemnization of a marriage elsewhere than within a registration district in which one of the persons to be married has resided for 7 days immediately before the giving of the notice of marriage.
35C6 Marriages in registration district in which neither party resides.
1
A superintendent registrar may issue a F151marriage scheduleF28. . . for the solemnization of a marriage in a registered building which is not within a registration district in which either of the persons to be married resides, where the person giving the notice of marriage declares by endorsement thereon in the prescribed form—
F29a
that the persons to be married desire the marriage to be solemnized according to a specified form, rite or ceremony, being a form, rite or ceremony of a body or denomination of christians or other persons meeting for religious worship to which one of them professes to belong.
b
that, to the best of his or her belief, there is not within the registration district in which one of them resides any registered building in which marriage is solemnized according to that form, rite or ceremony;
c
the registration district nearest to the residence of that person in which there is a registered building in which marriage may be so solemnized; and
d
the registered building in that district in which the marriage is intended to be solemnized;
F312
A superintendent registrar may issue a F150marriage scheduleF32. . . for the solemnization of a marriage in a registered building which is the usual place of worship of the persons to be married, or of one of them, notwithstanding that the building is not within a registration district in which either of those persons resides.
F332A
F352B
3
A superintendent registrar may issue a F159marriage schedule for the solemnization of a marriage in any parish church or authorised chapel which is the usual place of worship of the persons to be married, or of one of them, notwithstanding that the church or chapel is not within a registration district in which either of those persons resides.
F813A
In a case where one or both of the persons to be married (“the couple”) are not relevant nationals, a superintendent registrar may issue a F148marriage schedule for the solemnization of a marriage in a qualifying church or chapel, notwithstanding that it is not within a registration district in which either of the couple resides.
3B
In subsection (3A) “qualifying church or chapel” means a church or chapel which is not the usual place of worship of the couple but in which it would be possible—
a
(if section 5(3)(a) were disregarded) for the marriage of the couple to be solemnized in accordance with section 5(1)(a) (marriage after publication of banns), or
b
(if section 5(3)(b) were disregarded) for the marriage of the couple to be solemnized in accordance with section 5(1)(c) (marriage on authority of common licence).
4
A superintendent registrar may issue a F152marriage scheduleF32. . . for the solemnization of a marriage according to the usages of the Society of Friends or in accordance with the usages of persons professing the Jewish religion, notwithstanding that the building or place in which the marriage is to be solemnized is not within a registration district in which either of the persons to be married resides.
5
Where a marriage is intended to be solemnized on the authority of F156a marriage schedule issued under subsection (2) or subsection (3) of this section, F36each notice of marriage F161... and F162the marriage schedule shall state, in addition to the description of the registered building or, as the case may be, the parish church or authorised chapel, in which the marriage is to be solemnized, that it is the usual place of worship of the persons to be married or of one of them and, in the latter case, shall state the name of the person whose usual place of worship it is.
F806
Where a marriage is intended to be solemnized on the authority of F155a marriage schedule issued under subsection (3A), each notice of marriage F157... and F158the marriage schedule shall state, in addition to the description of the church or chapel in which the marriage is to be solemnized, that it would be possible for the marriage of the couple to be solemnized in that church or chapel after the publication of banns or on the authority of a common licence (if section 5(3) were disregarded).
F3736C6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
37C6 One party resident in Scotland.
1
Where a marriage is intended to be solemnized in England on the authority of F163a marriage scheduleF38. . . between parties of whom one is residing in Scotland and the other is residing in England, the following provisions shall have effect—
F39a
the party residing in Scotland may give notice of the intended marriage in accordance with section 7 of the Marriage (Scotland) Act 1977;
b
the party residing in England may, subject to and in accordance F82with section 27 and the other provisions of this Act, give notice of the intended marriage as if both parties were residing in different registration districts in England, and the provisions of this Part of this Act relating to notices of marriage and the issue of F164a marriage schedule apply accordingly;
F165c
if a certificate is issued under section 7(2) of the Marriage (Scotland) Act 1977 that certificate must be provided for the purposes of section 31(3)(b) of this Act to the superintendent registrar in the registration district in which the marriage is to be solemnized before the marriage schedule is issued;
ca
the superintendent registrar must, as soon as reasonably practicable, record in the marriage register the fact that the superintendent registrar has been provided with the certificate issued under section 7(2) of the Marriage (Scotland) Act 1977;
d
for the purposes of section thirty-three of this Act the notice given in Scotland shall be deemed to have been F166recorded in the marriage register by a superintendent registrar in England on the day on which it was given.
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40
F8338 One party resident in Northern Ireland.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
39C6 Issue of certificates on board His Majesty’s ships.
1
Where a marriage is intended to be solemnized in England on the authority of F105a marriage scheduleF41. . . between parties of whom one is residing in England and the other is an officer, seaman, or marine borne on the books of one of His Majesty’s ships at sea, the last-mentioned party may give notice of his intention to the captain or other officer commanding the ship, together with the name and address of the other party to the marriage, and such other information as may be necessary to enable the captain or other officer to fill up a certificate under this section, and shall at the same time make and sign such a declaration as is required by section twenty-eight of this Act, and the captain or other officer may attest the declaration and thereupon issue a certificate to the officer, seaman or marine giving the notice.
2
A certificate issued under this section shall be in such form as may be prescribed by the Admiralty F106..., and all provisions of this Act (including penal provisions F42but F43excluding sections 27A and 27B) relating to notices and declarations for obtaining F107a marriage schedule and to the issue of a marriage schedule apply in relation to a notice and declaration under subsection (1) and the issue of a certificate under this section, subject to such adaptations therein as may be made by His Majesty by Order in Council.
F893
Subsections (4) to (6) apply where—
a
the party who is an officer, seaman or marine borne on the books of one of Her Majesty’s ships at sea has been issued with a certificate under this section, and
b
the superintendent registrar for the registration district in which the other party resides has received that certificate.
4
That superintendent registrar may accept notice of marriage from that other party under section 27 and in accordance with this Part, as if both parties were residing in different registration districts.
5
The superintendent registrar must then, as soon as reasonably practicable—
a
file the certificate issued under this section and keep it with the records of the superintendent registrar’s office, and
b
record in the marriage register—
i
the fact that the certificate has been received, and
ii
the date on which the certificate was received.
6
The superintendent registrar must also ensure the information recorded under subsection (5)(b) is open to inspection free of charge at all reasonable hours.
39AC6F45Marriage of former civil partners one of whom has changed sex
1
This section applies if—
a
a court—
i
makes final a nullity order which annuls a civil partnership on the ground that an interim gender recognition certificate has been issued to one of the civil partners, or
ii
(in Scotland) grants a decree of dissolution of a civil partnership on that ground,
and, on doing so, issues a full gender recognition certificate (under section 5A(1) of the Gender Recognition Act 2004) to that civil partner, and
b
the former civil partners wish to marry each other in England or Wales in accordance with this Part without being delayed by the waiting period.
2
For the purposes of this section the relevant period is the period—
a
beginning with the issue of the full gender recognition certificate, and
b
ending at the end of 1 month from the day on which it is issued.
3
If either of the former civil partners —
a
gives notice of marriage in accordance with this Part during the relevant period, and
b
on doing so, makes an election under this section,
this Act applies with the modifications set out in subsections (4) to (6).
4
In section 31 (marriage under F167marriage schedule)—
a
omit subsections (1), F168(3), (4A) and (5A) to (5I), and
F169b
in subsection (2), for “The superintendent registrar for the registration district in which a marriage is to be solemnized must, once satisfied that any of the conditions in subsection (3) is met,” substitute “As soon as notice of the marriage has been given, the superintendent registrar for the registration district in which a marriage is to be solemnized must”.
5
6
In section 75 (offences relating to solemnization of marriages), omit subsections (2)(d)F172... and (3)(a).
7
Where one of the former civil partners is residing in Scotland—
a
this section applies as if subsection (3) referred to the giving of notice and the making of an election by the former civil partner residing in England or Wales, and
b
section 37(d) does not apply.
8
In subsection (1)(b), “the waiting period” has the meaning given by section 31(4A).
F17340C6 Forms of certificates to be furnished by Registrar General.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Words in Pt. 3 heading substituted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 9 (with Sch. 2)