Search Legislation

Church of England Marriage Measure 2008

What Version

 Help about what version

Advanced Features

 Help about advanced features

Opening Options

 Help about opening options

Status:

This version of this provision is prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Church of England Marriage Measure 2008. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

Changes and effects yet to be applied to the whole Measure associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Measure, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Measure. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Measure (including any effects on those provisions):

Commencement Orders yet to be applied to the Church of England Marriage Measure 2008

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Measure. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Measure you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Measure into force:

Prospective

1Marriages solemnized in churches, etc. in parishes with which a party has a qualifying connectionE

(1)A person intending to be married shall have the like, but no greater, right to have the marriage solemnized in a parish church of a parish with which he or she has a connection specified in subsection (3) below (in this Measure referred to as a “qualifying connection”) as that person has to have the marriage solemnized in the parish church of the parish in which he or she resides or which is his or her usual place of worship.

(2)Where a church or other building licensed for public worship has been designated, under section 29(2) of the Pastoral Measure 1983 (1983 No. 1), as a parish centre of worship, this section shall apply to such centre of worship, while the designation is in force, as it applies to a parish church.

(3)For the purposes of this section a person has a qualifying connection with a parish in which the marriage is to be solemnized if—

(a)that person was baptised in that parish (unless the baptism took place in a combined rite which included baptism and confirmation) or is a person whose confirmation has been entered in the register book of confirmation for any church or chapel in that parish;

(b)that person has at any time had his or her usual place of residence in that parish for a period of not less than six months;

(c)that person has at any time habitually attended public worship in that parish for a period of not less than six months;

(d)a parent of that person has during the lifetime of that person had his or her usual place of residence in that parish for a period of not less than six months or habitually attended public worship in that parish for that period; or

(e)a parent or grandparent of that person has been married in that parish.

(4)For the purpose of subsection (3)(d) or (e) above “parent” includes an adoptive parent and any other person who has undertaken the care and upbringing of the person seeking to establish a qualifying connection and “grandparent” shall be construed accordingly.

(5)A person who has the right to have a marriage solemnized in accordance with subsection (1) above shall have the like right to have the banns of that marriage published in the parish church where the marriage is to be solemnized.

(6)The right to have banns published conferred by subsection (5) above is additional to and not in substitution for the requirements of section 6 of the 1949 Act for banns to be published in the parish church of the parish where the parties to the marriage reside or of each parish in which one of them resides.

(7)Where a marriage is intended to be solemnized in accordance with subsection (1) above following the publication of banns by virtue of subsection (5) above section 11(2) and (4) of the 1949 Act shall apply as those subsections apply to a marriage of which the banns have been published in a parish or district in which neither of the persons to be married resides by virtue of section 6(4) of that Act.

(8)Subject to subsection (9) below, a person who wishes to have his or her marriage solemnized in accordance with subsection (1) above shall provide such information, written or otherwise, as the minister of the parish in which the marriage is to be solemnized may require in order to satisfy himself or herself that that person has a qualifying connection and—

(a)section 8 of the 1949 Act shall apply as if the reference in that section to a clergyman were a reference to the minister, and

(b)the minister shall be under a duty, when considering whether any information provided to him or her is sufficient to satisfy himself or herself under this subsection that the person wishing to have the marriage solemnized has a qualifying connection, to have regard to any guidance issued under section 3 below.

(9)If the minister considers that it is necessary to do so, in order to satisfy himself or herself that a person has a qualifying connection, he or she may require that person to supply or support any information required to be provided under subsection (8) above by means of a statutory declaration.

(10)Where a public chapel is licensed by a bishop for the publication of banns and the solemnization of marriages under section 20 of the 1949 Act, this section shall apply as if that chapel were a parish church of the parish or of any parish the whole or part of which is within the district specified in the licence.

(11)In this section “church” does not include a cathedral.

(12)In this section—

(a)minister” means—

(i)where a special cure of souls has been assigned to any priest for the area in which the church where the marriage is to be solemnized is situated, whether in a team ministry or otherwise, that priest, or

(ii)where sub-paragraph (i) above does not apply, the incumbent of the benefice in the area of which that church is situated, or

(iii)where neither of the above sub-paragraphs applies, the priest-in-charge of that benefice, or

(iv)where none of the above sub-paragraphs applies, in the case of a team ministry, the vicar, if any, appointed by the bishop to act as rector under section 20(14) of the Pastoral Measure 1983 (1983 No. 1) or, if there is no such vicar appointed, the vicar who has held office for the longest period in that ministry, or

(v)where none of the above sub-paragraphs applies, the rural dean of the deanery in which that church is situated;

(b)parish” includes a conventional district; and

(c)any reference to baptism, confirmation, marriage or public worship shall be construed as a reference to baptism, confirmation, marriage or public worship, as the case may be, according to the rites of the Church of England.

(13)Where, as a result of a pastoral scheme or otherwise, a parish has ceased to exist or the boundaries thereof have been altered and a person who wishes to have his or her marriage solemnized in accordance with subsection (1) above can establish a qualifying connection with a place situated within such a parish then, if that place is, at the time when the notice under section 8 of the 1949 Act is delivered, situated within the parish in which the church where the marriage is to be solemnized is situated, that person shall be deemed to have a qualifying connection with that parish.

(14)In relation to the establishment of a qualifying connection under subsection (3)(a) above by virtue of confirmation the references in subsection (13) above to a place shall be construed as a reference to the church or other place of worship in whose register the confirmation was entered.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources