Explanatory Notes

Protection of Freedoms Act 2012

2012 CHAPTER 9

1 May 2012

The Act

Commentary on Sections

Part 7: Miscellaneous and general
Section 114: Removal of restrictions on times for marriage or civil partnership

455.This section repeals section 4 of the Marriage Act 1949 and provisions in section 17(2) of the Civil Partnership Act 2004 which limit the time during which a marriage or civil partnership can take place to between the hours of 8am and 6pm (subsections (1)(a) and (3)). The section also removes the associated offences in section 16(4) of the Marriage Act 1949 and section 31(2)(ab) of the Civil Partnership Act 2004 if a marriage or civil partnership takes place outside of these times (subsections (1)(b) and (4)). The effect of the section is to allow a marriage or civil partnership to take place at any time of the day or night.

456.Subsection (2) makes a consequential amendment to section 16(4) of the Marriage (Registrar General’s Licence) Act 1970 which disapplied the offence in section 16(4) of the Marriage Act 1949 to a marriage solemnised on the authority of the Registrar General's licence.