SCHEDULES

SCHEDULE 5Transitional and further saving provision

PART 1

Transitional provision in relation to common licences for marriage in England and WalesI1I24

1

Section 5(3)(b) of the 1949 Act does not apply in respect of a marriage to be solemnized between two persons who were both relevant nationals before 1st July 2021 where—

a

a common licence for the solemnization of the marriage was granted before 1st July 2021;

b

a relevant application for a common licence in respect of the marriage was received by the appropriate person, but not yet determined, by 1st July 2021, or

c

in a case not falling within paragraph (b), one of the persons has sworn the oaths required under section 16(1) of the 1949 Act before a person with authority to grant a common licence.

2

In this paragraph—

  • “appropriate person” means—

    1. a

      a person having authority to grant a common licence, or

    2. b

      the office of the ecclesiastical judge out of which such a licence is to issue;

  • “common licence” has the same meaning as in the 1949 Act (see section 5);

  • “relevant application” means an application in writing (including by email) for a common licence including the evidence required by section 16(1C) of the 1949 Act.