76A Offence of failing to attend premises in compliance with a section 53D(8) or section 53E(10) notice
(1) A person who, without reasonable cause, fails to attend premises in compliance with a notice issued under section 53D(8) or section 53E(10) commits an offence.
(2) A person who commits an offence under subsection (1) is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
Any authorised person who refuses or fails to comply with the provisions of this Act or of any regulations made under section seventy-four thereof shall be guilty of an offence against this Act, and, unless the offence is one for which a specific penalty is provided under the foregoing provisions of this Part of this Act, shall be liable, on summary conviction, to a fine not exceeding ten pounds or, on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine not exceeding fifty pounds, and shall upon conviction cease to be an authorised person.
(1) In this Act, except where the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say—
“approved electronic form” has the meaning given by section 74(2);
“approved premises” means premises approved in accordance with regulations under section 46A of this Act as premises on which marriages may be solemnized in pursuance of section 26(1)(bb) of this Act;
“authorised chapel” means—
in relation to a chapelry, a chapel of the chapelry in which banns of matrimony could lawfully be published immediately before the passing of the Marriage Act, 1823, or in which banns may be published and marriages may be solemnized by virtue of section two of the Marriages Confirmation Act, 1825, or of an authorisation given under section three of the Marriage Act, 1823;
in relation to an extra-parochial place, a church or chapel of that place in which banns may be published and marriages may be solemnized by virtue of section two of the Marriages Confirmation Act, 1825, or of an authorisation given under section three of the Marriage Act, 1823, or section twenty-one of this Act;
in relation to a district specified in a licence granted under section twenty of this Act, the chapel in which banns may be published and marriages may be solemnized by virtue of that licence;
“authorised person” means—
in relation to a building registered under section 41, a person whose name and address have been certified in accordance with section 43;
in relation to a building registered under section 43A, a person whose name and address have been certified in accordance with section 43B;
“brother” includes a brother of the half blood;
“child of the family”, in relation to any person, means a child who has lived in the same household as that person and been treated by that person as a child of his family
“clergyman” means a clerk in Holy Orders of the Church of England;
“common licence” has the meaning assigned to it by section five of this Act;
“ecclesiastical district,” in relation to a district other than a parish, means a district specified in a licence granted under section twenty of this Act, a chapelry or an extra-parochial place;
“England and Wales legislation” has the same meaning as in the Marriage (Same Sex Couples) Act 2013;
“ marriage document ” has the meaning assigned to it by section 21A(3);
“child” , except where used to express a relationship, means a person under the age of eighteen;;
“marriage notice book” means a book furnished to a superintendent registrar by the Registrar General before 4th May 2021 for the purposes of entering, before that date, the particulars given in every notice of marriage;
“marriage schedule” has the meaning assigned to it by section 31(2);
“marriage register” has the meaning assigned to it by section 53A(1);
“marriage register book” means a marriage register book used for the purposes of registering marriages that were solemnized before 4th May 2021 in England or Wales;
“officer of the Society of Friends” means a person whom the recording clerk of the Society of Friends in London certifies in writing under their hand to the Registrar General to be an officer in England and Wales of that Society;
“parish” means an ecclesiastical parish and includes a district constituted under the Church Building Acts, 1818 to 1884, notwithstanding that the district has not become a new parish by virtue of section fourteen of the New Parishes Act, 1856, or section five of the New Parishes Measure, 1943, being a district to which Acts of Parliament relating to the publication of banns of matrimony and the solemnization of marriages were applied by the said Church Building Acts as if the district had been an ancient parish, and the expression “parish church” shall be construed accordingly;
“prescribed” (other than in section 71A) means prescribed by regulations made under section seventy-four of this Act ;
“registered building” means a building registered under section 41 or section 43A of this Act;
“registrar” means a registrar of marriages;
“Registrar General” means the Registrar General of Births, Deaths and Marriages in England;
“registration district” means the district of a superintendent registrar;
“relevant national” means—
a British citizen,
an Irish citizen, or
a person who is not an Irish citizen and who—
has leave to enter or remain in the United Kingdom which was granted by virtue of residence scheme immigration rules within the meaning given by section 17 of the European Union (Withdrawal Agreement) Act 2020 , or
is an applicant for the purposes of regulation 4 of the Citizens' Rights (Application Deadline and Temporary Protection) (EU Exit) Regulations 2020 (applications which have not been finally determined by the deadline) where the relevant period within the meaning of that regulation has not expired;
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“sister” includes a sister of the half blood;
“special licence” has the meaning assigned to it by section five of this Act;
“superintendent registrar” means a superintendent registrar of births, deaths and marriages;
“trustees or governing body,” in relation to Roman Catholic registered buildings, includes a bishop or vicar general of the diocese.
(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Any reference in this Act to the Church of England shall, unless the context otherwise requires, be construed as including a reference to the Church in Wales.
(3) For the purposes of this Act a person is house-bound if—
(a) each notice of his or her marriage given in accordance with section 27 of this Act is accompanied by a medical statement (within the meaning of section 27A(7) of this Act) made, not more than fourteen days before the date on which that notice was given, in relation to that person; and
(b) he or she is not a detained person.
(4) For the purposes of this Act a person is a detained person if he or she is for the time being detained—
(a) otherwise than by virtue of section 2, 4, 5, 35, 36 or 136 of the Mental Health Act 1983 (short term detentions), as a patient in a hospital; or
(b) in a prison or other place to which the Prison Act 1952 applies,
and in paragraph (a) above “patient” and “hospital” have the same meanings as in Part II of the Mental Health Act 1983.
(5) For the purposes of this Act a person who is house-bound or is a detained person shall be taken, if he or she would not otherwise be, to be resident and usually resident at the place where he or she is for the time being.
(6) If, for the purpose of any provision of this Act, a relevant governing authority has given written consent to marriages of same sex couples, the validity of that consent is not affected only because there is a change in the person or persons constituting that relevant governing authority.
(1) The Acts specified in Part I of the Fifth Schedule to this Act, and the Measures of the Church Assembly specified in Part II of that Schedule, are hereby repealed to the extent specified in relation thereto in the third column of that Schedule.
(2) Any banns published, licence or certificate issued, notice, consent, authorisation or direction given, Order in Council, rules, order, declaration, return, appointment or entry made, registration effected, caveat entered or other thing done under any enactment repealed by this Act shall, if in force at the commencement of this Act, continue in force, and have effect as if published, issued, given, made, effected, entered or done under the corresponding provision of this Act.
(3) Where a period of time specified in any enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision thereof had been in force when that period began to run.
(4) Any document referring to an enactment repealed by this Act shall be construed as referring to the corresponding provision of this Act.
(5) Nothing in this Act shall affect any law or custom relating to the marriage of members of the Royal Family.
(6) Nothing in this Act shall affect the right of the Archbishop of Canterbury or any other person by virtue of the Ecclesiastical Licences Act, 1533, to grant special licences to marry at any convenient time or place, or affect the validity of any marriage solemnized on the authority of such a licence.
(7) Nothing in this Act shall affect the validity of any marriage solemnized before the commencement of this Act.
(8) Nothing in this Act shall affect any authority given under section three of the Marriage Act, 1823, before the repeal thereof for the publication of banns and the solemnization of marriages in any chapel, or affect the operation of section four of that Act in relation to that chapel.
(9) Nothing in this Act shall affect any right, title, estate, interest, will, claim, payment, commutation, composition, discharge, settlement or other thing, or the devolution or distribution of any property which, by virtue of section two of the Deceased Wife’s Sister’s Marriage Act, 1907, was not affected by the Marriage (Prohibited Degrees of Relationship) Acts, 1907 to 1931.
(10) Nothing in this Act shall enable any proceedings to be taken in an ecclesiastical court which could not have been taken if this Act had not been passed.
(11) Nothing in this Act shall require any caution or security to be given which would not have required to be given if this Act had not been passed.
(12) Nothing in this Act shall affect any power to extend a Measure of the Church Assembly to the Channel Islands or affect any such Measure which has been so extended.
(13) Nothing in the foregoing provisions of this section shall be taken as prejudicing the operation of section thirty-eight of the Interpretation Act, 1889 (which relates to the effect of repeals).
(1) This Act may be cited as the Marriage Act, 1949.
(2) Save as is otherwise expressly provided, this Act shall not extend to Scotland or to Northern Ireland.
(3) The provisions of this Act specified in the Sixth Schedule to this Act shall not extend to Wales or Monmouthshire.
(4) This Act shall come into force on the first day of January, nineteen hundred and fifty.
Part 1 Prohibited degrees: kindred
1 (1) The list referred to in section 1(1) is—
Adoptive child
Adoptive parent
Child
Former adoptive child
Former adoptive parent
Grandparent
Grandchild
Parent
Parent’s sibling
Sibling
Sibling’s child
(2) In the list “sibling” means a brother, sister, half-brother or half-sister.
Part 2 Degrees of affinity referred to in section 1(2) and (3)
2 The list referred to in section 1(2) is as follows—
Child of former civil partner
Child of former spouse
Former civil partner of grandparent
Former civil partner of parent
Former spouse of grandparent
Former spouse of parent
Grandchild of former civil partner
Grandchild of former spouse
Part III
3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3A Modifications if proposed marriage referred under section 28H
Introduction
1 (1) These are the modifications subject to which this Act has effect if the superintendent registrar refers a proposed marriage to the Secretary of State.
(2) In this Schedule—
“2014 Act” means the Immigration Act 2014;
“referred marriage” means the proposed marriage referred to the Secretary of State.
No marriage schedule to be issued until decision about investigation etc
2 (1) The duty under section 31(2) to issue a marriage schedule in respect of the referred marriage does not apply unless and until one of the following events occurs.
(2) Event 1 occurs if—
(a) the Secretary of State gives the superintendent registrar or (as the case may be) superintendent registrars the section 48 notice, and
(b) that notice is of a decision not to investigate whether the referred marriage is a sham.
(3) Event 2 occurs if—
(a) the relevant statutory period ends, and
(b) the Secretary of State has not given the superintendent registrar or (as the case may be) superintendent registrars the section 48 notice.
(4) Event 3 occurs if—
(a) the Secretary of State gives the superintendent registrar or (as the case may be) superintendent registrars the section 48 notice,
(b) that notice is of a decision to investigate whether the referred marriage is a sham,
(c) the Secretary of State gives the superintendent registrar or (as the case may be) superintendent registrars the section 50 notice, and
(d) that notice is of a decision that both of the parties to the referred marriage have complied with the investigation.
(5) Event 4 occurs if—
(a) the 70 day period ends, and
(b) the Secretary of State has not given the superintendent registrar or (as the case may be) superintendent registrars the section 50 notice.
(6) Event 5 occurs if the Secretary of State gives the superintendent registrar or (as the case may be) superintendent registrars notice that the duty under section 31(2) is applicable.
(7) The Secretary of State may give a notice for that purpose only if—
(a) the Secretary of State has given the superintendent registrar or (as the case may be) superintendent registrars the section 48 notice,
(b) that notice is of a decision to investigate whether the referred marriage is a sham,
(c) the Secretary of State has given the superintendent registrar or (as the case may be) superintendent registrars the section 50 notice, and
(d) that notice is of a decision that one or both of the parties to the referred marriage have not complied with the investigation.
(8) This paragraph applies in addition to any other requirements applicable to the issue of the marriage schedule.
(9) This paragraph is subject to paragraph 4.
(10) In this paragraph—
“70 day period” has the same meaning as in section 50 of the 2014 Act;
“relevant statutory period” has the same meaning as in section 48 of the 2014 Act;
“section 48 notice” means notice under section 48(7) of the 2014 Act;
“section 50 notice” means notice under section 50(7) of the 2014 Act.
Marriage to be investigated: extension of waiting period to 70 days
3 (1) The modifications in this paragraph have effect if the Secretary of State gives the superintendent registrar notice under section 48(7) of the 2014 Act of a decision to investigate whether the referred marriage is a sham.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Section 31(4A)(a): the reference to the period of 28 days has effect as a reference to the relevant 70 day period.
(4) Section 31(5A) ...: the reference to the 28 day period has effect as a reference to the relevant 70 day period.
(5) Section 31(5B) does not apply.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) In this paragraph “relevant 70 day period” means the period—
(a) beginning the day after notice of the proposed marriage is recorded in the marriage register in accordance with Part 3 of the Marriage Act 1949, ... and
(b) ending at the end of the period of 70 days beginning with that day.
Effect of reducing statutory period
4 (1) This paragraph applies if—
(a) the Secretary of State gives notice under section 31(5EB) of the grant of an application made under section 31(5A) (reduction of statutory period) in relation to the referred marriage, and
(b) that notice is given at a time when the duty under section 31(2) to issue a marriage schedule in respect of the referred marriage has not arisen in accordance with paragraph 2.
(2) The duty under subsection 31(2) to issue a marriage schedule in respect of the referred marriage arises on the giving of the notice, subject to any other requirements applicable to the issue of the marriage schedule being met.
(3) But the requirements of paragraph 2 are not applicable in such a case.
(4) The Secretary of State is not prevented from deciding to conduct, conducting, or continuing, an investigation if a marriage schedule in respect of the referred marriage is issued as mentioned in sub-paragraph (2).
(5) But in such a case, nothing in the 2014 Act requires the Secretary of State to decide whether to conduct, to conduct, or to continue, an investigation.
(6) In this paragraph “investigation” means an investigation, conducted following a decision by the Secretary of State under section 48 of the 2014 Act, whether a proposed marriage is a sham.
FOURTH SCHEDULE Provisions of Act which are excluded or modified in their application to Naval, Military and Air Force Chapels
Sections 69, 70.
Part I Exclusion of Provisions relating to Marriages according to the Rites of the Church of England
Subsection (4) of section six.
Paragraph (b) of subsection (I) of section fifteen.
The proviso to section seventeen.
Section eighteen.
Section twenty.
Subsection (3) of section thirty-five.
The proviso to subsection (1) of section forty-four.
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Part II Modification of Provisions relating to Marriages according to the Rites of the Church of England
Subsection (1) of section six shall apply as if the chapel were the parish church of the parish in which the chapel is situated.
Subsection (3) of section seven shall apply as if for the reference to the parochial church council there were substituted, in relation to a naval chapel, a reference to the Admiralty and, in relation to any other chapel, a reference to a Secretary of State.
Section eight shall apply as if it required the notice in writing mentioned therein to include a statement that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act, and to specify the person so qualified and the nature of his qualification.
Paragraph (a) of subsection (1) of section fifteen shall apply as if the chapel were the parish church of the parish in which the chapel is situated.
Subsection (1) of section sixteen shall apply as if it required the oath, which is to be taken thereunder, to include a statement that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act and to specify the person so qualified and the nature of his qualification.
Subsection (3) of section twenty-seven shall apply as if it required the notice of marriage to include a statment that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act and to specify the person so qualified and the nature of his qualification.
Section fifty shall apply as if for the reference to the officiating clergyman there were substituted a reference to the clergyman appointed under section sixty-nine of this Act ..., in whose presence the marriage is solemnized.
Part III Exclusion of Provisions relating to Marriages otherwise than according to the Rites of the Church of England
The proviso to section seventeen.
. . .
Section forty-one.
Section forty-two.
The proviso to subsection (1) of section forty-three.
Sections 43A and 43C.
The proviso to subsection (1) of section forty-four.
Part IV Modification of Provisions relating to Marriages otherwise than according to the Rites of the Church of England
Subsection (3) of section twenty-seven shall apply as if it required the notice of marriage to include a statement that one at least of the persons to be married is a qualified person within the meaning of Part V of this Act and to specify the person so qualified and the nature of his qualification.
Sections forty-three, 43B, and 44 shall apply as if for any reference to the trustees or governing body of a building there were substituted a reference to the Admiralty or any person authorised by them, in the case of a naval chapel, and a reference to a Secretary of State or any person authorised by him, in the case of any other chapel.
Section 79.
Part I
Acts of Parliament repealed
Session and Chapter | Short Title | Extent of Repeal
. . . | . . . | . . .
62 & 63 Vict. c.27. | The Marriages Validity Act, 1899. | The whole Act so far as it relates to marriages solemnized in England.
. . . | . . . | . . .
8 Edw. 7, c.26. | The Naval Marriages Act, 1908. | The whole Act so far as it relates to marriages solemnized in England.
. . . | . . . | . . .
2 & 3 Geo. 6, c.33. | The Marriage Act, 1939 | Section one, so far as it relates to marriages solemnized in England
. . . | . . . | . . .
Part II. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .