Marriage Act 1949

31 Marriage under certificate without licence. E+W

(1) Where a marriage is intended to be solemnized on the authority of [F1 certificates] of a superintendent registrar F2 . . ., the superintendent registrar to whom notice of marriage has been given shall suspend or affix in some conspicuous place in his office, for [F3 28 successive days] next after the day on which the notice was entered in the marriage book, the notice of marriage, or an exact copy signed by him of the particulars thereof as entered in the marriage notice book.

[F4 (1A) Where the notice was entered in an approved electronic form by virtue of section 27(4A) (“the approved form”), the duty imposed by subsection (1) is to be discharged by the superintendent registrar —

(a) arranging for the notice to be displayed for [F3 28 successive days] beginning with the day after the day on which the notice was entered in the approved form, in an approved electronic form, or

(b) suspending or affixing as described in subsection (1), for [F5 28 days] beginning with the day after the day on which the notice was entered in the approved form —

(i) the notice of the marriage, or

(ii) an exact copy, signed by the superintendent registrar, of the particulars of that notice as entered in the approved form.]

(2) At the expiration of the said period of [F5 28 days] the superintendent registrar, on the request of the person by whom the notice of marriage was given, shall issue a certificate in the prescribed form unless—

[F6 (a) the superintendent registrar is not satisfied that there is no lawful impediment to the issue of the certificate; or]

(b) the issue of the certificate has been forbidden under the last foregoing section by any person authorised in that behalf.

(3) Every such certificate shall set out the particulars contained in the notice of marriage and the day on which the notice was entered in the marriage notice book [F7 , or in an approved electronic form by virtue of section 27(4A),] and shall contain a statement that the issue of the certificate has not been forbidden as aforesaid.

(4) No marriage shall be solemnized on the production of [F1 certificates] of a superintendent registrar F8 . . . until after the expiration of the [F9 waiting period in relation to each notice of marriage].

[F10 (4A) “The waiting period”, in relation to a notice of marriage, means—

(a) the period of [F5 28 days], or

(b) such shorter period as may be determined by the Registrar General under subsection (5A) or by a superintendent registrar under any provision of regulations made under subsection (5D),

after the day on which the notice of marriage was entered in the marriage notice book [F11 , or in an approved electronic form by virtue of section 27(4A)].]

(5) Where a marriage is to be solemnized in a registered building for which an authorised person has been appointed and no notice requiring a registrar to be present at the marriage has been given to the superintendent registrar under subsection (5) of section twenty-seven of this Act, the superintendent registrar shall, when issuing a certificate under this section, give to [F12 the person by whom notice of marriage was given] printed instructions in the prescribed form for the due solemnization of the marriage.

[F13 (5A) If, on an application made to the Registrar General, he is satisfied that there are compelling reasons for reducing the [F14 28 day period] because of the exceptional circumstances of the case, he may reduce that period to such shorter period as he considers appropriate.

(5B) “The [F14 28 day period]” means the period of [F5 28 days] mentioned in subsections (1) [F15 to] (2).

(5C) If the Registrar General reduces the [F14 28 day period] in a particular case, the reference to [F5 28 days] in section 75(3)(a) is to be treated, in relation to that case, as a reference to the reduced period.

(5D) The Registrar General may by regulations make provision with respect to the making, and granting, of applications under subsection (5A).

(5E) The regulations—

(a) may provide for the power conferred by subsection (5A) to be exercised by a superintendent registrar on behalf of the Registrar General in cases falling within a category prescribed in the regulations;

(b) may provide for the making of an appeal to the Registrar General against a decision taken by a superintendent registrar in accordance with regulations made by virtue of paragraph (a);

(c) may make different provision in relation to different cases;

(d) require the approval of [F16 the Secretary of State].

[F17 (5EA) If a proposed marriage is referred to the Secretary of State under section 28H—

(a) any application under subsection (5A) is to be made to the Secretary of State; and

(b) the power conferred by subsection (5A) is exercisable by the Secretary of State;

and the reference to the Registrar General in subsection (5C) accordingly has effect as a reference to the Secretary of State.

(5EB) If the Secretary of State grants an application made under subsection (5A), the Secretary of State must give notice of the grant of the application to the applicant and to the superintendent registrar to whom notice of the marriage was given.

(5EC) Regulations under subsection (5D) do not apply to applications made to the Secretary of State in accordance with subsection (5EA).

(5ED) The Secretary of State may by regulations make provision with respect to the making, and granting, of applications made in accordance with subsection (5EA).

(5EE) The Secretary of State must consult the Registrar General before making regulations under subsection (5ED).]

F18 (5F) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18 (5G) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5H) The power to make regulations under subsection (5D) [F19 or (5ED)] F20 ... is exercisable by statutory instrument.

F21 (5I) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

F22 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F23 (7) This section has effect subject to section 31ZA.]

Textual Amendments

F1 Word in s. 31(1)(4) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 14(a); S.I. 2000/2698, art. 2

F2 Words in s. 31(1) repealed (1.1.2001) by 1999 c. 33, ss. 160(4)(a), 169(3), Sch. 16; S.I. 2000/2698, art. 2

F3 Words in s. 31 substituted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 10(2)(a) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

F4 S. 31(1A) inserted (16.11.2009) by The Registration of Marriages etc. (Electronic Communications and Electronic Storage) Order 2009 (S.I. 2009/2821), arts. 1(1), 6(1)

F5 Words in s. 31 substituted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 10(2)(b) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

F6 S. 31(2)(a) substituted (1.1.2001) by 1999 c. 33, s. 163(1); S.I. 2000/2698, art. 2

F7 Words in s. 31(3) inserted (16.11.2009) by The Registration of Marriages etc. (Electronic Communications and Electronic Storage) Order 2009 (S.I. 2009/2821), arts. 1(1), 6(2)

F8 Words in s. 31(4) repealed (1.1.2001) by 1999 c. 33, ss. 160(4)(c), 169(3), Sch. 16; S.I. 2000/2698, art. 2

F9 Words in s. 31(4) substituted (1.1.2001) by 1999 c. 33, ss. 160(4)(c), 169(3); S.I. 2000/2698, art. 2

F10 S. 31(4A) inserted (1.1.2001) by 1999 c. 33, s. 160(5); S.I. 2000/2698, art. 2

F11 Words in s. 31(4A) inserted (16.11.2009) by The Registration of Marriages etc. (Electronic Communications and Electronic Storage) Order 2009 (S.I. 2009/2821), arts. 1(1), 6(3)

F12 Words in s. 31(5) substituted (1.1.2001) by 1999 c. 33, s. 169(1), Sch. 14 paras. 3, 14(b); S.I. 2000/2698, art. 2

F13 S. 31(5A)-(5I) inserted (1.1.2001) by 1999 c. 33, s. 160(6); S.I. 2000/2698, art. 2

F14 Words in s. 31 substituted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 10(2)(c) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

F15 Word in s. 31(5B) substituted (16.11.2009) by The Registration of Marriages etc. (Electronic Communications and Electronic Storage) Order 2009 (S.I. 2009/2821), arts. 1(1), 6(4)

F16 Words in s. 31(5E)(d) substituted (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 1(2), Sch. 2 para. 5(1)(a) (with art. 4)

F17 S. 31(5EA)-(5EE) inserted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 10(3) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

F18 S. 31(5F)(5G) omitted (12.7.2016) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 15 para. 10(a); S.I. 2016/603, reg. 3(w)

F19 Words in s. 31(5H) inserted (20.10.2014 for specified purposes, 1.3.2015 in so far as not already in force) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 10(4) (with Sch. 9 para. 66); S.I. 2014/2771, art. 3(e); S.I. 2015/371, art. 2(1)(f)

F20 Words in s. 31(5H) omitted (12.7.2016) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 15 para. 10(b); S.I. 2016/603, reg. 3(w)

F21 S. 31(5I) omitted (12.7.2016) by virtue of Immigration Act 2016 (c. 19), s. 94(1), Sch. 15 para. 10(c); S.I. 2016/603, reg. 3(w)

F22 S. 31(6) repealed by S.I. 1968/1242

F23 S. 31(7) inserted (1.3.2015) by Immigration Act 2014 (c. 22), s. 75(3), Sch. 4 para. 11(1) (with Sch. 9 para. 66); S.I. 2015/371, art. 2(1)(f)

Modifications etc. (not altering text)

C1 Pt. 3 applied (13.3.2014) by Marriage (Same Sex Couples) Act 2013 (c. 30), ss. 1(2)(a), 21(3); S.I. 2014/93, art. 3(a)

C2 S. 31(5E)(d): transfer of functions (3.4.2008) by The Transfer of Functions (Registration) Order 2008 (S.I. 2008/678), art. 1(2), Sch. 1 para. 5(a) (with art. 4)