Procedure for marriage

19England and Wales

I3F61

This section applies to a marriage that is to be solemnised on the authority of F3a marriage schedule under Part 3 of the Marriage Act 1949 (the “1949 Act”) unless each party to the marriage falls within exception A or exception B.

1A

A party to the marriage falls within exception A if the person is a relevant national.

1B

A party to the marriage falls within exception B if—

a

the person is exempt from immigration control, and

b

the notice of marriage is accompanied by the specified evidence required by section 28C(2) of the 1949 Act that the person is exempt from immigration control.

I2I12

In relation to a marriage to which this section applies, the notices under section 27 of the Marriage Act 1949—

a

shall be given to the superintendent registrar of a registration district F1which is specified for the purpose of this paragraph by regulations made by the Secretary of State F2and is the appropriate registration district,

b

shall be delivered to the superintendent registrar in person by the two parties to the marriage,

c

may be given only if each party to the marriage has been resident in a registration district for the period of seven days immediately before the giving of his or her notice (but the district need not be that in which the notice is given and the parties need not have resided in the same district), and

d

shall state, in relation to each party, the registration district by reference to which paragraph (c) is satisfied.

F52A

For the purposes of subsection (2) “the appropriate registration district” means—

a

if the parties have resided in the same specified registration district for the period of seven days immediately before the giving of the notice (“the 7 day period”), that specified registration district,

b

if one or both of the parties have resided in a specified registration district (but not the same specified registration district) for the 7 day period, the specified registration district in which one of them has resided for that period, or

c

if neither of the parties has resided in a specified registration district for the 7 day period, any specified registration district.

2B

In subsection (2A), “specified registration district” means a registration district specified for the purposes of subsection (2)(a) by regulations made under that provision.

F4I2I13

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I4I1F74

In this section—

a

a reference to a person being a relevant national, or being exempt from immigration control, has the same meaning as in section 49 of the Immigration Act 2014;

b

“notice of marriage” means a notice of marriage given under section 27 of the 1949 Act.