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38.—(1) Any person who—
(a)being a person mentioned in Article 9(a), solemnises a marriage without a marriage schedule in respect of the marriage issued in accordance with this Order, being available to him at the time of the marriage ceremony;
(b)not being a person mentioned in Article 9(a) or (b), conducts a marriage ceremony in such a way as to lead the parties to the marriage to believe that he is solemnising a valid marriage; or
(c)being a person mentioned in Article 9(a) or (b), solemnises a marriage without both parties to the marriage being present,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months or to both.
(2) Any person who—
(a)being authorised under Article 14(1), solemnises a marriage otherwise than in accordance with his authorisation;
(b)solemnises a marriage in contravention of Article 15(2);
(c) being a party to a marriage, fails to comply with a notice served under Article 17(2); or
(d)contravenes Article 12(3), 22 or 33,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3) Notwithstanding anything in Article 19(1) of the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) (limitation of time for taking proceedings), proceedings for an offence under this Order may be instituted at any time within three years after the commission of the offence.
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