Search Legislation

Immigration and Asylum Act 1999

Status:

This is the original version (as it was originally enacted).

The Marriage Act 1949 (c. 76)

3The Marriage Act 1949 is amended as follows.

4In section 3(1) (marriages of persons under 21)—

(a)for “a certificate” substitute “certificates”; and

(b)omit “whether by licence or without licence,”.

5In section 5 (methods of authorising marriages), in paragraph (d), for “a certificate” substitute “certificates”.

6In section 17 (marriage under superintendent registrar’s certificate)—

(a)for “a certificate” substitute “certificates”; and

(b)for “notice of marriage and certificate” substitute “notices of marriage and certificates”.

7In section 25 (void marriages)—

(a)in paragraph (b), for “a certificate” substitute “certificates”;

(b)in paragraph (c), for “a certificate of a superintendent registrar which is” substitute “certificates of a superintendent registrar which are”; and

(c)in paragraph (d), for “a certificate” substitute “certificates” and for “notice of marriage and certificate” substitute “notices of marriage and certificates”.

8In section 27(1) (notice of marriage), for “a certificate” substitute “certificates”.

9In section 27A (additional information required in certain cases)—

(a)in subsections (2) and (3), for the first “the notice” substitute “each notice”;

(b)in subsection (4), for the first “The person” substitute “Each person”; and

(c)in subsection (6), for “either” substitute “each”.

10In section 27B (provisions relating to section 1(3) marriages)—

(a)in subsection (1), for “a certificate” substitute “certificates”;

(b)in subsections (4) and (6), omit “or licence”; and

(c)in subsection (5), omit “, or certificate and licence,”.

11In section 28(1) (declaration to accompany notice of marriage), omit “or licence” and for paragraph (b) substitute—

(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;.

12In section 29 (caveat against issue of certificate or licence), omit every “or licence”.

13In section 30 (provision for issue of certificate to be forbidden) for first “a certificate” substitute “certificates”.

14In section 31 (marriage certificates)—

(a)in subsections (1) and (4), for “a certificate” substitute “certificates”; and

(b)in subsection (5), for “one of the persons to be married” substitute “the person by whom notice of marriage was given”.

15For section 33 substitute—

33Period of validity of certificate

(1)A marriage may be solemnized on the authority of certificates of a superintendent registrar 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 certificates are void; and

(b)no person may solemnize the marriage on the authority of those certificates.

(3)The applicable period, in relation to a marriage, is the period beginning with the day on which the notice of marriage was entered in the marriage notice book 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 given on the same date, the applicable period is to be calculated by reference to the earlier of the two dates.

16For section 34 substitute—

34Marriages normally to be solemnized in registration district in which one party resides

Subject to section 35, a superintendent registrar may not issue a certificate 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.

17(1)Section 35 (marriages in registration district in which neither party resides) is amended as follows.

(2)In subsection (1)—

(a)omit “, or if the marriage is to be by licence, a certificate and a licence,”; and

(b)for “or certificate and licence is issued” substitute “is issued in respect of each of the persons to be married”.

(3)In subsections (2) and (4), omit “or, if the marriage is to be by licence, a certificate and a licence,”.

(4)In subsections (2A) and (2B), omit “or, if the marriage is to be by licence, a certificate and licence,”.

(5)In subsection (5)—

(a)for “a certificate” substitute “certificates”;

(b)for “the notice” substitute “each notice”; and

(c)for “the certificate” substitute “each certificate”.

18Omit section 36 (superintendent registrar not normally to issue licences for marriages in registered buildings outside his district).

19In section 37(1) (one party resident in Scotland)—

(a)for first “a certificate” substitute “certificates”; and

(b)omit “without licence”.

20(1)Section 38 (one party resident in Northern Ireland) is amended as follows.

(2)In subsection (1)—

(a)for “a certificate” substitute “certificates”; and

(b)omit “without licence”.

(3)In subsection (2), for “and place of residence” substitute “, place of residence and nationality”.

(4)In subsection (3), for “twenty-one” substitute “15”.

21In section 39(1) (issue of certificates on board Her Majesty’s ships)—

(a)for first “a certificate” substitute “certificates”; and

(b)omit “without licence”.

22In section 40 (forms of certificates for marriage), omit subsection (2).

23In section 44(1) (solemnization of marriage in registered buildings), for “a notice of marriage and certificate” substitute “the notices of marriage and certificates”.

24In section 45(1) (solemnization of marriage in register office)—

(a)for “a certificate” substitute “certificates”;

(b)for first “notice” substitute “notices”;

(c)for “notice has” substitute “notices have”; and

(d)for “certificate or certificate and licence, as the case may be, has or” substitute “certificates”.

25In section 47(2) (marriages according to usages of Society of Friends), in paragraph (a), for “the person” substitute “each person”.

26In section 48(1) (proof of certain matters not necessary to validity of marriages), in paragraph (a), for “notice” substitute “notices”.

27In section 49 (void marriages)—

(a)in paragraph (b), after “issued” insert “, in respect of each of the persons to be married,”;

(b)omit paragraph (c);

(c)in paragraph (d), for “a certificate which is” substitute “certificates which are”; and

(d)in paragraph (e), for “notice” substitute “notices” and for “certificate” substitute “certificates”.

28In section 50 (person to whom certificate to be delivered)—

(a)in subsection (1), for “a certificate” substitute “certificates” and omit “the certificate or, if notice of marriage has been given to more than one superintendent registrar,”;

(b)omit subsection (2); and

(c)in subsection (3), for “certificate or certificate and licence, as the case may be,” substitute “certificates”.

29In section 51(1) (fees of registrars for attending marriages), omit from first “the sum” to “case,”.

30(1)Section 75 (offences relating to solemnization of marriages) is amended as follows.

(2)In subsection (1)(b), for “a certificate” substitute “certificates”.

(3)In subsection (2)—

(a)in paragraph (a)(ii), for “notice of marriage and certificate” substitute “notices of marriage and certificates”;

(b)in paragraph (d), for “a certificate” substitute “certificates” and for from “(not being” to “book” substitute “before the expiry of the waiting period in relation to each notice of marriage”; and

(c)in paragraph (e), for “a certificate” substitute “certificates”.

(4)After subsection (2), insert—

(2A)In subsection (2)(d) “the waiting period” has the same meaning as in section 31(4A).

(5)In subsection (3), for paragraph (a) substitute—

(a)issues any certificate for marriage before the expiry of 15 days from the day on which the notice of marriage was entered in the marriage notice book;.

(6)In subsection (3), in paragraph (b), omit “or licence”.

31In section 78(3) (interpretation), in paragraph (a), for “the notice” substitute “each notice”.

32In Schedule 4 (provisions of Act which are excluded or modified in their application to naval, military and air force chapels), in Part III (exclusion of provisions relating to marriages otherwise than according to the rites of the Church of England), omit “The proviso to subsection (2) of section twenty-six”.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

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

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

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

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

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 enacted version 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