SCHEDULE Approved Premises: Consequential Amendments

Section 1.

Annotations:
Commencement Information

I1Sch. wholly in force at 1.4.1995; Sch. 1 not in force at Royal Assent, see s. 3(2); Sch. in force for certain purposes at 24.2.1995 and so far as not all ready in force at 1.4.1995 by S.I. 1995/424, art. 2

1

The M1Marriage Act 1949 shall be amended in accordance with paragraphs 2 to 8 below.

2

In section 27(3) (particulars to be stated in a notice of marriage) for “the church or other building in which” there shall be substituted “ the church or other building or premises in or on which ”.

3

In section 49 (void marriages)—

(a)

after paragraph (e) there shall be inserted—

“(ee)

in the case of a marriage purporting to be in pursuance of section 26(1)(bb) of this Act, on any premises that at the time the marriage is solemnized are not approved premises;”,

(b)

the word “or” at the end of paragraph (f) and of paragraph (g) shall be omitted, and

(c)

after paragraph (g) there shall be inserted—

“(gg)

in the case of a marriage on approved premises, in the absence of the superintendent registrar of the registration district in which the premises are situated or in the absence of a registrar of that district; or”.

4

In section 50(1) of that Act (person to whom superintendent registrar’s certificate to be delivered) after paragraph (c) there shall be inserted—

“(cc)

if the marriage is to be solemnized on approved premises, the registrar in whose presence the marriage is to be solemnized;”.

5

After section 51(1) (fees of registrars for attending marriages) there shall be inserted—

“(1A)

In the case of persons married on approved premises in pursuance of section 26(1)(bb) of this Act—

(a)

subsection (1) of this section shall not apply, but

(b)

the superintendent registrar in whose presence the persons are married shall be entitled to receive from them a fee of an amount determined in accordance with regulations under section 46A of this Act by the local authority that approved the premises.”

6

In section 53 (persons by whom marriages are to be registered) after paragraph (f) there shall be added—

“(g)

in the case of a marriage solemnized on approved premises in pursuance of section 26(1)(bb) of this Act, by the registrar in whose presence the marriage is solemnized.”

7

In section 75 (offences relating to solemnization of marriages)—

(a)

in subsection (2)(a)(ii) after “office” there shall be inserted “ , approved premises ”,

(b)

after subsection (2)(a) there shall be inserted—

“(aa)

solemnizes a marriage purporting to be in pursuance of section 26(1)(bb) of this Act on premises that are not approved premises;”,

(c)

after subsection (2)(c) there shall be inserted—

“(cc)

solemnizes a marriage on approved premises in pursuance of section 26(1)(bb) of this Act in the absence of a registrar of the district in which the premises are situated;”, and

(d)

in subsection (3)(d) for “section 26(1)(dd)” there shall be substituted “ section 26(1)(bb) or (dd) ”.

8

In section 78(1) (interpretation) before the definition of “authorised chapel” there shall be inserted—

““approved premises” means premises approved in accordance with regulations under section 46A of this Act as premises on which marriages may be solemnized in pursuance of section 26(1)(bb) of this Act;”.

9

In section 1(1) of the M2Marriage (Registrar General’s Licence) Act 1970 (marriages which may be solemnized by Registrar General’s licence) for “elsewhere than at a registered building or the office of a superintendent registrar” there shall be substituted “ elsewhere than at a registered building, the office of a superintendent registrar or approved premises ”.