3 False statements, &c. with reference to marriage. E+W
(1)If any person—
(a)for the purpose of procuring a marriage, or a certificate or licence for marriage, [F1or a marriage document or a marriage schedule,] knowingly and wilfully makes a false oath, or makes or signs a false declaration, notice or certificate required under any Act of Parliament for the time being in force relating to marriage; or
(b)knowingly and wilfully makes, or knowingly and wilfully causes to be made, for the purpose of being inserted in any register of marriage, [F2or register of conversions] a false statement as to any particular required by law to be known and registered relating to any marriage [F3or any civil partnership which is to be converted into a marriage]; or
(c)forbids the issue of any certificate or licence for marriage [F4or a marriage document or a marriage schedule,] by falsely representing himself to be a person whose consent to the marriage is required by law knowing such representation to be false, [F5or
(d)with respect to a declaration made under section 16(1A) or 27B(2) of the Marriage Act 1949—
(i)enters a caveat under subsection (2) of the said section 16, or
(ii)makes a statement mentioned in subsection (4) of the said section 27B,
which he knows to be false in a material particular.]
he shall be guilty of a misdemeanour, and, on conviction thereof on indictment, shall be liable to penal servitude for a term not exceeding seven years or to imprisonment, F6. . . for a term not exceeding two years, or to a fine or to both such penal servitude or imprisonment and fine [F7and on summary conviction thereof shall be liable to a penalty not exceeding [F8£100]].
(2)No prosecution for knowingly and wilfully making a false declaration for the purpose of procuring any marriage out of the district in which the parties or one of them dwell shall take place after the expiration of eighteen months from the solemnization of the marriage to which the declaration refers.
[F9(3)In subsection (1)(b), “register of conversions” means the register of conversions of civil partnerships into marriages kept by the Registrar General in accordance with section 9 of the Marriage (Same Sex Couples) Act 2013 and regulations made under that section.]
Textual Amendments
F1Words in s. 3(1)(a) inserted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 50(2) (with Sch. 2)
F2Words in s. 3(1)(b) inserted (10.12.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3168), art. 1(2)(3), Sch. para. 2(2)(a)
F3Words in s. 3(1)(b) inserted (10.12.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3168), art. 1(2)(3), Sch. para. 2(2)(b)
F4Words in s. 3(1)(c) inserted (4.5.2021) by The Registration of Marriages Regulations 2021 (S.I. 2021/411), reg. 1(2), Sch. 1 para. 50(3) (with Sch. 2)
F5Word “or” and s. 3(1)(d) inserted by Marriage (Prohibited Degrees of Relationship) Act 1986 (c. 16, SIF 49:1), ss. 1(8), 4
F6Words omitted by virtue of Criminal Justice Act 1948 (c. 58), s. 1(2)
F7Words inserted by Criminal Justice Act 1925 (c. 86), s. 28(1)
F8Words substituted by Criminal Justice Act 1967 (c. 80), Sch. 3 Pt. I
F9S. 3(3) inserted (10.12.2014) by The Marriage (Same Sex Couples) Act 2013 (Consequential and Contrary Provisions and Scotland) and Marriage and Civil Partnership (Scotland) Act 2014 (Consequential Provisions) Order 2014 (S.I. 2014/3168), art. 1(2)(3), Sch. para. 2(3)
Modifications etc. (not altering text)
C1S. 3 amended by Criminal Justice Act 1925 (c. 86), s. 28(3)