Marriage Act 1949

Part IIIU.K. Marriage under [F1marriage schedule]

Issue of [F2a marriage schedule] U.K.

[F326Marriage of a man and a woman; marriage of same sex couples for which no opt-in necessaryE+W

(1)The following marriages may be solemnized on the authority of [F4a 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.]

[F526AOpt-in to marriage of same sex couples: places of worshipU.K.

(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 [F6a 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.]

[F726BOpt-in to marriage of same sex couples: other religious ceremoniesU.K.

(1)A marriage may, in any of the following cases, be solemnized on the authority of [F8a 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—

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).]

27 Notice of marriage.E+W

(1)Where a marriage is intended to be solemnized on the authority of [F9a marriage schedule] F10. . ., 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 [F11each] 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 [F12each] of those persons to the superintendent registrar of [the registration district in which he or she has resided] for that period.

F13(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A notice of marriage shall state [F14the name and surname, [F15the date of birth,] marital status, occupation [F16, place of residence and nationality] of each of the persons to be married] [F14the 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 [F17in 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,] [F18the church or other building or premises in or on which] the marriage is to be solemnized and—

(a)F19. . . 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;

F20(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21(4)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.

F22(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2327ZA[F24Circumstances in which a notice of marriage is not to be recorded in the marriage register]U.K.

The superintendent registrar shall not [F25record 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);

• [F26section 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.]

[F2727A Additional information required in certain cases.E+W

(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) [F28or 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, [F29each 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, [F29each 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)[F30Each 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.

F31(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F32marriage 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 [F33each] of them.

F34(6A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.]

[F3527B Provisions relating to section 1(3) marriages.E+W

(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 [F36a marriage schedule].

(2)The superintendent registrar shall not [F37record notice of the marriage in the marriage register] [F38,] 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 [F39marriage 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.

F40(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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, [F41a marriage schedule may not be issued] F42. . . unless a declaration is obtained F43... 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 [F44or 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 [F45marriage register and a marriage schedule may be issued] F46. . . whether or not any declaration has been made under subsection (2) of this section.

(6)Section 29 of this Act shall not apply in relation to a marriage to which this section applies, except so far as a caveat against the issue of a [F47marriage schedule] F42. . . for the marriage is entered under that section on a ground other than the relationship of the persons to be married.]

F4827C Provisions relating to section 1(5) marriages.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4927DAdditional information required for certain marriages of same sex couplesU.K.

(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.]

[F5027EAdditional information if party not relevant nationalU.K.

(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)—

(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 [F51in 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).]

28 Declaration to accompany notice of marriage. E+W

(1)No [F52marriage 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;

[F53(b)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;]

F54(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F55(d)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.

[F5728A[F56Power to require evidence of consent to marriages of same sex couples]E+W

F58(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F59(1A)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).]

(2)[F60A requirement under subsection (1A)] may be imposed at any time—

(a)on or after the giving of the notice of marriage; but

[F61(b)before a marriage schedule is issued.]

F62(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F6328BProvision of evidenceU.K.

(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.

[F64(1A)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 nationalU.K.

(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 addressU.K.

(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;

• “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.

28ERejection of false information or evidenceU.K.

(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 provisionsU.K.

(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 evidenceU.K.

(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.]

[F6528HReferral of proposed marriage to Secretary of StateU.K.

(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.]

29 Caveat against issue of [F66marriage schedule]. E+W

[F67(1)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 [F68marriage schedule] F69. . . shall be issued [F70until 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 [F68marriage schedule] F69. . ., or until the caveat has been withdrawn by the person who entered it; and if the superintendent registrar is doubtful whether to issue a [F68marriage schedule] F69. . . he may refer the matter of the caveat to the Registrar General.

[F71(2A)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)Where a superintendent registrar refuses, by reason of any such caveat as aforesaid, to issue a [F72marriage schedule] F69. . ., the person applying therefor may appeal to the Registrar General who shall either confirm the refusal or direct that a [F72marriage schedule] F69. . . shall be issued.

(4)Any person who enters a caveat against the issue of a [F73marriage schedule] F69. . . on grounds which the Registrar General declares to be frivolous and to be such that they ought not to obstruct the issue of the [F73marriage schedule] F69. . ., 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 [F74marriage schedule] F69. . ..

F7530 Forbidding of issue of marriage schedule.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31 Marriage under [F76marriage schedule].E+W

[F77(1)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, F78...

F79(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

F80(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.]

[F81(4A) “The waiting period”, in relation to a notice of marriage, means—

(a)the period of [F8228 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 [F83recorded 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 [F84marriage schedule], give to [F85the person by whom notice of marriage was given] printed instructions in the prescribed form for the due solemnization of the marriage.

[F86(5A)If, on an application made to the Registrar General, he is satisfied that there are compelling reasons for reducing the [F8728 day period] because of the exceptional circumstances of the case, he may reduce that period to such shorter period as he considers appropriate.

(5B) “The [F8728 day period]” means [F88the period mentioned in subsection (4A), ignoring paragraph (b)].

F89(5C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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;

(d)require the approval of [F90the Secretary of State].

[F91(5EA)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;

F92....

(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 [F93and (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).]

F94(5F). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F94(5G). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5H)The power to make regulations under subsection (5D) [F95or (5ED)] F96... is exercisable by statutory instrument.

F97(5I). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F98(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F99(7)This section has effect subject to section 31ZA.]

[F10031ZANotice of marriage: false information or evidenceU.K.

(1)A superintendent registrar may refuse to issue a [F101marriage 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 [F102marriage 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 [F103a 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.]

[F10531A Appeal on refusal under section 31(2)(a) [F104or 31ZA].E+W

(1)If, relying on section 31(2)(a) [F106or 31ZA], a superintendent registrar refuses to issue a [F107marriage schedule, the parties to the marriage] may appeal to the Registrar General.

(2)On such an appeal, the Registrar General must—

(a)confirm the refusal; or

(b)direct that a [F108marriage schedule] be issued.

[F109(2A)In a case where—

(a)in reliance on section 31ZA, a superintendent registrar refuses to issue a [F110marriage schedule], and

(b)on an appeal against the refusal, the Registrar General directs that a [F110marriage 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 [F111marriage 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 [F112marriage schedule],

the person making the representation is liable for the costs of the proceedings before the Registrar General and for damages recoverable by the [F113parties making the appeal].

[F114(3A)If—

(a)relying on section 31ZA, a superintendent registrar refuses to issue a [F115marriage schedule], and

(b)on an appeal against the refusal, the Registrar General declares the appeal to have been frivolous,

the [F116parties 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 [F117costs 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 [F118marriage schedule] [F119(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))].]

F12032. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

[F12233 Period of validity of [F121marriage schedule].E+W

(1)A marriage may be solemnized on the authority of [F123a 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 [F124marriage schedule] are void; and

(b)no person may solemnize the marriage on the authority of [F125that 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 [F126recorded 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 [F127recorded in the marriage register] on the same date, the applicable period is to be calculated by reference to the earlier of the two dates.]

[F12834 Marriages normally to be solemnized in registration district in which one party resides.E+W

Subject to section 35, a superintendent registrar may not issue a [F129marriage 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.]

35 Marriages in registration district in which neither party resides.E+W

(1)A superintendent registrar may issue a [F130marriage schedule] F131. . . 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—

[F132(a)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;

and where any such [F130marriage schedule] [F133is issued F134...], the marriage may be solemnized in the registered building stated in the notice.

[F135(2)A superintendent registrar may issue a [F136marriage schedule] F137. . . 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.]

[F138(2A)A superintendent registrar may issue a [F139marriage schedule] F140. . . for the solemnization of a marriage in [F141the superintendent registrar’s office], notwithstanding that the office is not within a registration district in which either of the persons to be married resides.]

[F142(2B)A superintendent registrar may issue a [F143marriage schedule] F140. . . for the solemnization of a marriage on approved premises, notwithstanding that the premises are not within a registration district in which either of the persons to be married resides.]

(3)A superintendent registrar may issue a [F144marriage 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.

[F145(3A)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 [F146marriage 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 [F147marriage schedule] F137. . . 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 [F148a marriage schedule] issued under subsection (2) or subsection (3) of this section, [F149each notice] of marriage F150... and [F151the 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.

[F152(6)Where a marriage is intended to be solemnized on the authority of [F153a marriage schedule] issued under subsection (3A), each notice of marriage F154... and [F155the 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).]

F15636. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

37 One party resident in Scotland.E+W

(1)Where a marriage is intended to be solemnized in England on the authority of [F157a marriage schedule] F158. . . between parties of whom one is residing in Scotland and the other is residing in England, the following provisions shall have effect—

[F159(a)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 [F160with 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 [F161a marriage schedule apply accordingly];

[F162(c)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 [F163recorded in the marriage register] by a superintendent registrar in England on the day on which it was given.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F164

F16538 One party resident in Northern Ireland.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39 Issue of certificates on board His Majesty’s ships.E+W

(1)Where a marriage is intended to be solemnized in England on the authority of [F166a marriage schedule] F167. . . 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 F168..., and all provisions of this Act (including penal provisions [F169but [F170excluding sections 27A and 27B]]) relating to notices and declarations for obtaining [F171a 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.

[F172(3)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.]

[F17339AMarriage of former civil partners one of whom has changed sexU.K.

(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 [F174marriage schedule])—

(a)omit subsections (1), [F175(3)], (4A) and (5A) to (5I), and

[F176(b)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)For section 33(3) (period of validity of [F177marriage schedule]: applicable period) substitute —

“(3)The applicable period, in relation to a marriage, is the period of 1 month beginning with the day on which the notice of marriage was [F178recorded in the marriage register].”

(6)In section 75 (offences relating to solemnization of marriages), omit subsections (2)(d)F179... 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).]

F18040 Forms of certificates to be furnished by Registrar General.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Marriages in registered buildingsE+W

41 Registration of buildings [F181: marriage of a man and a woman].E+W

(1)Any proprietor or trustee of a F182. . . building, which has been certified as required by law as a place of religious worship may apply to the superintendent registrar of the registration district in which the building is situated for the building to be registered for the solemnization of marriages therein.

[F183(1A)A reference in this section to the solemnization of marriage is a reference to the solemnization of marriage of a man and a woman.]

[F184(2)Any person making such an application as aforesaid shall deliver to the superintendent registrar a certificate, signed in duplicate by at least twenty householders and dated not earlier than one month before the making of the application, stating that the building is being used by them as their usual place of public religious worship and that they desire that the building should be registered as aforesaid, and both certificates shall be countersigned by the proprietor or trustee by whom they are delivered.]

(3)The superintendent registrar shall send both certificates delivered to him under the last foregoing subsection to the Registrar General who shall register the building in a book to be kept for that purpose in the General Register Office.

[F185(3A)The duty imposed by subsection (3) to register the building in a book may be discharged by registering the building in an approved electronic form.]

(4)The Registrar General shall endorse on both certificates sent to him as aforesaid the date of the registration, and shall keep one certificate with the records of the General Register Office and shall return the other certificate to the superintendent registrar who shall keep it with the records of his office.

(5)On the return of the certificate under the last foregoing subsection, the superintendent registrar shall—

(a)enter the date of the registration of the building in a book to be provided for that purpose by the Registrar General;

(b)give a certificate of the registration signed by him, on durable materials, to the proprietor or trustee by whom the certificates delivered to him under subsection (2) of this section were countersigned; and

(c)give public notice of the registration of the building by advertisement in some newspaper circulating in the county in which the building is situated and in the London Gazette.

F186(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F187(7)A building may be registered for the solemnization of marriages under this section whether it is a separate building or forms part of another building.]

42[F188Cancellation of registration under section 41: building no longer used]E+W

(1)Where, on an application made by or through the superintendent registrar of the registration district in which the building is situated, it is shown to the satisfaction of the Registrar General that a [F189building registered under section 41] is no longer used for the purpose of public religious worship by the congregation on whose behalf it was registered, he shall cause the registration to be cancelled F190. . .

F191(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Where the Registrar General cancels the registration of any building, F190. . . , under this section, he shall inform the superintendent registrar who shall enter that fact and the date thereof in the book provided for the registration of buildings, and shall certify and publish the cancellation F190. . . , in the manner provided by subsection (5) of the last foregoing section in the case of the F190. . . registration of a building.

[F192(3A)In a case where—

(a)the registration of a building is cancelled under this section, and

(b)the building is also registered under section 43A,

the Registrar General must also cancel the registration under section 43A.]

F191(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)Where the registration of any building has been cancelled, F190. . . under this section, it shall not be lawful to solemnize any marriage in the disused building, unless the building has been registered again in accordance with the provisions of this Part of this Act.

43 [F193Buildings registered under section 41: appointment of authorised persons]E+W

(1)For the purpose of enabling marriages to be solemnized in a [F194building registered under section 41] without the presence of a registrar, the trustees or governing body of that building may authorise a person to be present at the solemnization of marriages in that building and, where a person is so authorised in respect of any [F194building registered under section 41], the trustees or governing body of that building shall, within the prescribed time and in the prescribed manner, certify the name and address of the person so authorised to the Registrar General and to the superintendent registrar of the registration district in which the building is situated.

[F195(1A)The power conferred by this section may only be exercised after the end of the relevant one year period (and, if that period has ended before the date of the registration under section 41, the power may accordingly be exercised immediately).

(1B)The relevant one year period is the period of one year beginning with the date of the registration of the building under section 41 (the “new registration”).

(1C)But if—

(a)there is any earlier registration of the building under section 43A which is still in force at the date of the new registration, or

(b)there has been any earlier qualifying registration of a previous building,

the relevant one year period is the period of one year beginning with the date of that registration (or the earlier of those dates).

(1D)For that purpose there is a qualifying registration of a previous building if—

(a)the congregation on whose behalf the new registration is made previously used another building for the purpose of public religious worship,

(b)that building was registered under section 41 or 43A, and

(c)that registration was cancelled not more than one month before the date of the new registration.]

F196(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Nothing in this section shall be taken to relate or have any reference to marriages solemnized according to the usages of the Society of Friends or of persons professing the Jewish religion.

[F19743ARegistration of buildings: marriage of same sex couplesE+W

(1)A building that has been certified as required by law as a place of religious worship may be registered under this section for the solemnization of marriages of same sex couples.

(2)Any application for registration of a building under this section is to be made—

(a)by a proprietor or trustee of the building;

(b)to the superintendent registrar of the registration district in which the building is situated.

(3)An application for registration of a building under this section must be accompanied by—

(a)a certificate, given by the applicant and dated not earlier than one month before the making of the application, that the persons who are the relevant governing authority in relation to the building have given written consent to marriages of same sex couples as mentioned in section 26A(3),

(b)a copy of that consent, and

(c)if the building is not already registered under section 41, a certificate of use for religious worship.

(4)The superintendent registrar must send to the Registrar General—

(a)the certificate or certificates, and

(b)the copy of the consent,

which accompany an application under this section.

(5)The Registrar General must then register the building.

(6)A building may be registered for the solemnization of marriages under this section whether it is a separate building or forms part of another building.

(7)In this section, in relation to an application under this section, “certificate of use for religious worship” means a certificate given by at least twenty householders and dated not earlier than one month before the making of the application, stating that they—

(a)use the building as their usual place of public religious worship, and

(b)wish the building to be registered under this section.

43BBuildings registered under section 43A: appointment of authorised personsE+W

(1)For the purpose of enabling marriages to be solemnized in a building registered under section 43A without the presence of a registrar, the trustees or governing body of that building may authorise a person to be present at the solemnization of marriages in that building.

(2)Where a person is so authorised in respect of any building registered under section 43A, the trustees or governing body of that building must certify the name and address of the person so authorised to—

(a)the Registrar General, and

(b)the superintendent registrar of the registration district in which the building is situated.

(3)The power conferred by this section may only be exercised after the end of the relevant one year period (and, if that period has ended before the date of the registration under section 43A, the power may accordingly be exercised immediately).

(4)The relevant one year period is the period of one year beginning with the date of the registration of the building under section 43A (the “new registration”).

(5)But if—

(a)there is any earlier registration of the building under section 41 which is still in force at the date of the new registration, or

(b)there has been any earlier qualifying registration of a previous building,

the relevant one year period is the period of one year beginning with the date of that registration (or the earlier of those dates).

(6)For that purpose there is a qualifying registration of a previous building if—

(a)the congregation on whose behalf the new registration is made previously used another building for the purpose of public religious worship,

(b)that building was registered under section 41 or 43A, and

(c)that registration was cancelled not more than one month before the date of the new registration.

(7)A reference in this section to the solemnization of marriage is a reference to the solemnization of marriage of a same sex couple.

(8)Nothing in this section is to be taken to relate or have any reference to marriages solemnized according to the usages of the Society of Friends or of persons professing the Jewish religion.

43CCancellation of registration under section 43AE+W

(1)The registration of a building under section 43A may be cancelled under this section.

(2)Any application under this section is to be made—

(a)by a proprietor or trustee of the building;

(b)to the superintendent registrar of the registration district in which the building is situated.

(3)The superintendent registrar must forward any application under this section to the Registrar General; and the Registrar General must then cancel the registration of the building.

(4)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.

43DRegulations about sections 41 and 43 and 43A to 43CE+W

(1)The Secretary of State may by statutory instrument make regulations about the procedures to be followed F198... —

(a)on registration applications;

(b)in relation to section 43B authorisations;

(c)on cancellation applications.

(2)The Secretary of State may by statutory instrument make—

(a)regulations modifying the application of section 41 or 43 in relation to buildings that are already registered under section 43A;

(b)regulations about cases where a person makes applications under sections 41 and 43A, or gives or certifies authorisations under sections 43 and 43B, in respect of the same building at the same time (including provision modifying any requirement imposed by any of those sections or by regulations under subsection (1) of this section).

(3)A statutory instrument containing regulations made under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(4)In this section—

• “cancellation application” means an application under section 43C for the cancellation of the registration of a building;

• “registration application” means an application under section 43A for the registration of a building;

• “section 43B authorisation” means the authorisation of a person under section 43B to be present at the solemnization of marriages in a building registered under section 43A.]

44 Solemnization of marriage in registered building.E+W

(1)Subject to the provisions of this section, where [F199the notices of marriage and [F200the marriage schedule]] state that a marriage between the persons named therein is intended to be solemnized in a registered building, the marriage may be solemnized in that building according to such form and ceremony as those persons may see fit to adopt:

(2)Subject to the provisions of this section, a marriage solemnized in a registered building shall be solemnized with open doors in the presence of two or more witnesses and in the presence of either—

(a)a registrar of the registration district in which the registered building is situated, or

(b)an authorised person whose name and address have been certified in accordance with [F201section 43 (in the case of the marriage of a man and a woman), or section 43B (in the case of the marriage of a same sex couple),] by the trustees or governing body of that registered building or of some other registered building in the same registration district.

(3)Where a marriage is solemnized in a registered building each of the persons contracting the marriage shall, in some part of the ceremony and in the presence of the witnesses and the registrar or authorised person, make the following declaration:—

and each of them shall say to the other:—

[F202(3A)As an alternative to the declaration set out in subsection (3) of this section the persons contracting the marriage may make the requisite declaration either—

(a)by saying “I declare that I know of no legal reason why I [name] may not be joined in marriage to [name]”; or

(b)by replying “I am” to the question put to them successively “Are you [name] free lawfully to marry [name]?”;

and as an alternative to the words of contract set out in that subsection the persons to be married may say to each other “I [name] take you [or thee] [name] to be my wedded wife [or husband]”.]

F203(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)If the Registrar General is not satisfied with respect to any building registered or proposed to be registered for the solemnization of marriages therein that sufficient security exists for the [F204solemnization of marriages or signing of marriage schedules in accordance with the provisions of this Act], he may in his discretion attach to the continuance of the registration, or to the registration, of the building a condition that no marriage may be solemnized therein without the presence of a registrar.

[F205Registration of shared buildings for marriage of same sex couplesU.K.

44ABuilding subject to Sharing of Church Buildings Act 1969: registrationU.K.

(1)This section applies to a registration application relating to a building that is—

(a)subject to a sharing agreement, or

(b)used as mentioned in section 6(4) of the 1969 Act.

(2)The registration application must be made in accordance with section 43A (as read with section 26A(3)).

(3)But those provisions have effect subject to the following provisions of this section.

(4)Each of the sharing churches is a relevant religious organisation for the purposes of section 26A(3).

(5)A consent given under section 26A(3) (a “consent to marriages of same sex couples”) by the relevant governing authority of any of the sharing churches is therefore sufficient for the registration application to be made in compliance with section 26A(3) (and references to the consent of the relevant governing authority in section 43A are to be read accordingly).

(6)But the registration application may not be made unless the relevant governing authorities of each of the sharing churches (other than those which have given consents to marriages of same sex couples) have given a separate written consent to the use of the shared building for the solemnization of marriages of same sex couples (a “consent to use”).

(7)The registration application must also be accompanied by—

(a)a certificate, given by the applicant and dated not more than one month before the making of the application, that the relevant governing authorities mentioned in subsection (6) have given written consents to use, and

(b)copies of those consents.

(8)The superintendent registrar must also send to the Registrar General—

(a)the certificate, and

(b)the copies of the consents,

which accompany the application in accordance with subsection (7).

(9)The Registrar General must not register the shared building unless and until subsection (8) and the requirements of section 43A have been complied with.

(10)The Secretary of State may by statutory instrument make regulations containing such provision supplementing this section as the Secretary of State thinks appropriate.

44BBuilding subject to Sharing of Church Buildings Act 1969: cancellationU.K.

(1)This section applies to a cancellation application relating to a building that is—

(a)subject to a sharing agreement, or

(b)used as mentioned in section 6(4) of the 1969 Act.

(2)The cancellation application must be made in accordance with section 43C.

(3)But section 43C has effect subject to the following provisions of this section.

(4)The cancellation application may be made either—

(a)by a proprietor or trustee of the building, or

(b)by the relevant governing authority of any of the sharing churches.

(5)For that purpose, in relation to a sharing church, “relevant governing authority” means the person or persons recognised by the members of the sharing church as competent for the purpose of making an application under section 43C in the circumstances to which this section applies.

(6)In a case where the cancellation application is made by a relevant governing authority in accordance with subsection (4)(b)—

(a)the application must be accompanied by a certificate, given by persons making the application, that they are the relevant governing authority of one of the sharing churches; and

(b)the superintendent registrar must (in addition to forwarding the application in accordance with section 43C(3)) send a copy of that certificate to the Registrar General.

(7)The Secretary of State may by statutory instrument make regulations containing such provision supplementing this section as the Secretary of State thinks appropriate.

44COther shared places of worship: registration and cancellationU.K.

(1)The Secretary of State may by statutory instrument make regulations about—

(a)registration applications relating to other shared places of worship;

(b)cancellation applications relating to other shared places of worship;

(c)the sharing churches' use of other shared places of worship (in cases where those places are registered under section 43A) for the solemnization of marriages of same sex couples.

(2)The provision that may be made under subsection (1)(a) or (b) includes provision about the procedures to be followed on registration applications or cancellation applications.

(3)In this section “other shared place of worship” means a shared building—

(a)which has been certified as required by law as a place of religious worship, but

(b)to which sections 44A and 44B do not apply because the building is neither—

(i)subject to a sharing agreement, nor

(ii)used as mentioned in section 6(4) of the 1969 Act.

44DSections 44A to 44C: supplementary provisionU.K.

(1)In sections 44A to 44C (and this section)—

• “1969 Act” means the Sharing of Church Buildings Act 1969;

• “cancellation application” means an application under section 43C for the cancellation of the registration of a building;

• “registration application” means an application under section 43A for the registration of a building;

• “sharing agreement” has the meaning given in section 1 of the 1969 Act;

• “shared building” means a building that is—

  (a)

  subject to a sharing agreement,

  (b)

  used as mentioned in section 6(4) of the 1969 Act, or

  (c)

  otherwise shared;

• “shared building provisions” means sections 44A to 44C;

• “sharing churches” means—

  (a)

  in the case of a building subject to a sharing agreement, the churches that have made the agreement;

  (b)

  in the case of a building used as mentioned in section 6(4) of the 1969 Act, the churches that so use it;

  (c)

  in the case of any other shared building, the religious organisations (whether Christian or of another faith) that share it.

(2)Regulations under any of the shared building provisions may provide for a registration application relating to a shared building to be made otherwise than by the proprietor or trustee of the building (whether or not the proprietor or trustee retains power to make such an application).

(3)Regulations under any of the shared building provisions may make provision about any of these cases—

(a)the case where a building registered under section 43A becomes a shared building;

(b)the case where a building registered under section 43A ceases to be a shared building;

(c)the case where a building is registered under section 43A and there is a change in the churches which are sharing churches;

and the provision that may be made about such a case includes provision for the modification, suspension or cancellation of the registration under section 43A.

(4)Regulations under any of the shared building provisions may make provision about the use of shared buildings for the solemnization of—

(a)marriages of same sex couples according to the usages of the Society of Friends (commonly called Quakers), and

(b)marriages of same sex couples professing the Jewish religion according to the usages of the Jews.

(5)The provision that may be made about the use of shared buildings for the solemnization of such marriages includes—

(a)provision about the giving of consent by the relevant governing authority for the purposes of a registration application or cancellation application (including provision for identifying the relevant governing authority);

(b)provision corresponding to, or applying, any provision of section 43B (with or without modifications).

(6)Regulations under any of the shared buildings provisions may amend any England and Wales legislation.

(7)Subsections (2) to (6) do not limit the power under any of the shared building provisions to make regulations.

(8)A statutory instrument containing regulations under any of the shared building provisions may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.]

Marriages in register officesU.K.

45 Solemnization of marriage in register office.E+W

(1)Where a marriage is intended to be solemnized on the authority of [F206a marriage schedule], the persons to be married may state in the [F207notices] of marriage that they wish to be married in the office of the superintendent registrar or one of the superintendent registrars, as the case may be, to whom notice of marriage is given, and where any such [F208notices have] been given and the [F209marriage schedule has] been issued accordingly, the marriage may be solemnized in the said office, with open doors, in the presence of the superintendent registrar and a registrar of the registration district of that superintendent registrar and in the presence of two witnesses, and the persons to be married shall make the declarations and use the form of words set out in subsection (3) [F210or (3A)] of [F211section 44] in the case of marriages in registered buildings in the presence of a registrar.

(2)No religious service shall be used at any marriage solemnized in the office of a superintendent registrar.

[F21245A Solemnization of certain marriages.U.K.

(1)This section applies to marriages solemnized, otherwise than according to the rites of the Church of England, in pursuance of section 26(1)(dd) [F213or 26B(6)] of this Act at the place where a person usually resides.

(2)The marriage may be solemnized according to a relevant form, rite or ceremony in the presence of a registrar of the registration district in which the place where the marriage is solemnized is situated and of two witnesses and each of the persons contracting the marriage shall make the declaration and use the form of words set out in subsection (3) [F214or (3A)] of section 44 of this Act in the case of marriages in registered buildings in the presence of a registrar.

(3)Where the marriage is not solemnized in pursuance of subsection (2) of this section it shall be solemnized in the presence of the superintendent registrar and a registrar of the registration district in which the place where the marriage is solemnized is situated and in the presence of two witnesses, and the persons to be married shall make the declarations and use the form of words set out in subsection (3) [F214or (3A)] of section 44 of this Act in the case of marriages in registered buildings in the presence of a registrar.

(4)No religious service shall be used at any marriage solemnized in the presence of a superintendent registrar.

(5)In subsection (2) of this section a “relevant form, rite or ceremony” means a form, rite or ceremony of a body of persons who meet for religious worship in any registered building being a form, rite or ceremony in accordance with which members of that body are married in any such registered building.]

46 Register office marriage followed by religious ceremony.E+W

(1)If the parties to a [F215relevant marriage] desire to add the religious ceremony ordained or used by the church or persuasion of which they are members, they may present themselves, after giving notice of their intention so to do, to the clergyman or minister of the church or persuasion of which they are members, and the clergyman or minister, upon the production of a certificate of their marriage before the superintendent registrar and upon the payment of the customary fees (if any), may, if he sees fit, read or celebrate in the church or chapel of which he is the regular minister [F216, or (in the case of the conversion of a civil partnership at a place of residence) at that place of residence,] the marriage service of the church or persuasion to which be belongs or nominate some other minister to do so.

[F217(1A)In this section F218...—

• [F219“place of residence”, in relation to the conversion of a civil partnership, means a place that a superintendent registrar attends for the purpose of the conversion because one of the parties to the civil partnership—

  (a)

  is housebound there,

  (b)

  is detained there as a patient in a hospital or in a prison or other place to which the Prison Act 1952 applies, or

  (c)

  is (being a person who is seriously ill and not expected to recover) present there;

• “relevant marriage” means—]

  (a)

  the marriage of a man and a woman solemnized in the presence of a superintendent registrar,

  (b)

  the marriage of a same sex couple solemnized in the presence of a superintendent registrar, and

  (c)

  a marriage which arises from the conversion of a civil partnership under regulations under section 9 of the Marriage (Same Sex Couples) Act 2013.

(1B)This section does not authorise the marriage service of the Church of England to be read or celebrated in the case of a relevant marriage of a same sex couple.

(1C)This section does not authorise any other marriage service to be read or celebrated in the case of a relevant marriage of a same sex couple unless the relevant governing authority has given written consent to the reading or celebration of that service in the case of such marriages.

(1D)For that purpose—

• [F220“relevant governing authority” means—

  (a)

  except in a case falling within paragraph (b) or (c), 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;

  (b)

  in the case of a ceremony according to the usages of the Society of Friends, the recording clerk for the time being of the Society of Friends in London; and

  (c)

  in the case of a ceremony according to the usages of the Jews, the person or persons who would be the relevant governing authority (in accordance with section 26B(5)) if the ceremony were a marriage that was to be registered in accordance with [F221section 53D];]

• “relevant religious organisation” means the religious organisation whose marriage service is to be read or celebrated.]

(2)Nothing in the reading or celebration of a marriage service under this section shall supersede or invalidate [F222the relevant marriage], and the reading or celebration shall not be entered as a marriage in [F223the marriage register] [F224or in the register of conversions of civil partnerships into marriages kept by the Registrar General in accordance with section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section.]

(3)No person who is not entitled to solemnize marriages according to the rites of the Church of England shall by virtue of this section be entitled to read or celebrate the marriage service in any church or chapel of the Church of England.

[F225(4)In this section a reference to a church or chapel includes a reference to—

(a)a place of meeting for members of the Society of Friends;

(b)a Jewish synagogue; and

(c)a place of worship certified under the Places of Worship Registration Act 1855.

(5)Subsection (4) does not limit—

(a)the churches or persuasions to which this section applies; or

(b)the interpretation of this section in its application to a particular church or persuasion.

(6)In the case of a religious ceremony which follows the conversion of a civil partnership in a country or territory outside of the United Kingdom in accordance with provision made by regulations under section 9 of the Marriage (Same Sex Couples) Act 2013 in relation to—

(a)a member of Her Majesty’s forces (within the meaning of the Armed Forces Act 2006) serving in the country or territory in which it is proposed they convert their civil partnership;

(b)a relevant civilian (as defined in Part 3 of Schedule 6 to the Marriage (Same Sex Couples) Act 2013 and any Order in Council made under that Part) who is employed in that country or territory; or

(c)a child of a person falling within paragraph (a) or (b) and whose home is with that person in that country or territory (including a person who is or has been treated as the child of a person (“P”) in relation to a marriage or civil partnership to which P is or was a party);

this section is to be read in accordance with subsection (7).

(7)In a case to which subsection (6) applies—

(a)subsection (1) is to be read as if—

(i)the reference to a clergyman or minister (including a reference to a clergyman or minister of a particular church or persuasion) includes a reference to a chaplain serving in any of Her Majesty’s forces;

(ii)there is no reference to a superintendent registrar; and

(iii)the reference to the place of worship of which a person is a regular minister is a reference to the place where the conversion occurs (including any place of worship that is provided by the Secretary of State); and

(b)subsection (1C) is to be read as if it —

(i)requires the relevant governing authority’s written consent to the reading or celebrating of the marriage service to be given to the Secretary of State; and

(ii)additionally, requires the clergyman, minister or chaplain who is to read or celebrate the service to have the consent of the relevant governing authority to do so.]

[F226 Marriages on approved premisesE+W

F22746A Approval of premises.E+W

(1)The [F228Secretary of State] may by regulations make provision for and in connection with the approval by local authorities of premises for the solemnization of marriages in pursuance of section 26(1)(bb) of this Act.

(2)The matters dealt with by the regulations may include—

(a)the kinds of premises in respect of which approvals may be granted;

(b)the procedure to be followed in relation to applications for approval;

(c)the considerations to be taken into account by a local authority in determining whether to approve any premises;

(d)the duration and renewal of approvals;

(e)the conditions that must or may be imposed by a local authority on granting or renewing an approval;

(f)the determination and charging by local authorities of fees in respect of applications for the approval of premises and in respect of the renewal of approvals;

(g)the circumstances in which a local authority must or may revoke an approval;

(h)the review of any decision to refuse an approval or the renewal of an approval, to impose conditions on granting or renewing an approval or to revoke an approval;

(i)the notification to the Registrar General of all approvals granted, renewed or revoked;

(j)the keeping by local authorities of registers of approved premises;

(k)the issue by the Registrar General of guidance supplementing the provision made by the regulations.

(3)In this section “local authority” means a county council, metropolitan district council [F229London borough council or the Common Council of the City of London].

(4)Regulations under this section may make different provision for different cases or circumstances.

(5)Any regulations under this section shall be made by statutory instrument, subject to annulment in pursuance of a resolution of either House of Parliament.

F23046B Solemnization of marriage on approved premises.E+W

(1)Any marriage on approved premises in pursuance of section 26(1)(bb) of this Act shall be solemnized in the presence of—

(a)two witnesses, and

(b)the superintendent registrar and a registrar of the registration district in which the premises are situated.

(2)Without prejudice to the width of section 46A(2)(e) of this Act, the [F231Secretary of State] shall exercise his power to provide for the imposition of conditions as there mentioned so as to secure that members of the public are permitted to attend any marriage solemnized on approved premises in pursuance of section 26(1)(bb) of this Act.

(3)Each of the persons contracting such a marriage shall make the declaration and use the form of words set out in section 44(3) [F232or (3A)]of this Act in the case of marriages in registered buildings F233. . ..