1Marriage registration

1

The Secretary of State may, by regulations, amend the Marriage Act 1949 (“the 1949 Act”) to provide for a system whereby details relating to marriages in England and Wales are recorded in documents used as part of the procedure for marriage, and entered into and held in a central register which is accessible in electronic form.

2

The regulations may, in particular—

a

provide that a Part 3 marriage may be solemnized on the authority of a single document (a “marriage schedule”) issued by the superintendent registrar for the district in which the marriage is to be solemnized (instead of on the authority of two certificates of a superintendent registrar);

b

provide that a member of the clergy who is to solemnize a marriage authorised by ecclesiastical preliminaries must, before doing so, issue a document to enable the marriage to be registered (a “marriage document”) or ensure that a marriage document is issued;

c

make provision in relation to the signing of a marriage schedule or marriage document following the solemnization of the marriage;

d

make provision in relation to the delivery of a signed marriage schedule or signed marriage document to a registrar;

e

require the Registrar General to maintain a register of marriages in England and Wales, which is accessible in electronic form (“the marriage register”);

f

make provision in relation to the entering in the marriage register of the particulars set out in a signed marriage schedule or signed marriage document;

g

remove existing provision in relation to the registration of marriages which is not to form part of the system provided for under this section.

3

Where provision made by virtue of subsection (2)(d) gives power to a registrar to require a person to attend personally at the office of a superintendent registrar for the purpose of delivering a signed marriage schedule or signed marriage document, the regulations may provide that a person who fails to comply with such a requirement—

a

commits an offence, and

b

is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

4

The regulations may give the Registrar General power to make regulations under section 74(1) of the 1949 Act—

a

prescribing the form or content of a marriage schedule, marriage document or any other document specified in the regulations;

b

making provision in relation to corrections to or the re-issue of a marriage schedule or marriage document before the marriage is solemnized;

c

making provision in relation to the keeping of a signed marriage schedule or signed marriage document after the particulars set out in it have been entered in the marriage register;

d

making provision in relation to corrections to entries in the marriage register or a pre-commencement marriage register book;

e

making provision in relation to the keeping of pre-commencement marriage register books;

f

making provision in relation to the keeping in a church or chapel of records of marriages solemnized according to the rites of the Church of England or the Church in Wales in the church or chapel.

5

For the purposes of subsection (4), provision in relation to the keeping of a book, document or other record includes, in particular, provision about—

a

who is to be responsible for keeping the book, document or other record and how it is to be stored;

b

the circumstances in which the book, document or other record must or may be annotated;

c

the circumstances in which the book, document or other record must or may be sent to the Registrar General or a superintendent registrar.

6

No regulations may be made by the Secretary of State under this section after a period of three years beginning with the day on which regulations are first so made.

7

In this section—

  • “ecclesiastical preliminaries” means the methods of authorisation described in section 5(1)(a), (b) or (c) of the 1949 Act;

  • “marriage document”, “marriage register” and “marriage schedule” have the meanings given by subsection (2)(b), (e) and (a) respectively;

  • “member of the clergy” means a clerk in Holy Orders of the Church of England or a clerk in Holy Orders of the Church in Wales;

  • “Part 3 marriage” means a marriage falling within section 26(1), 26A(1) or 26B(2), (4) or (6) of the 1949 Act;

  • “pre-commencement marriage register book” means any marriage register book in which the particulars of a marriage have been entered under that Act;

  • “registrar” means a registrar of marriages;

  • “Registrar General” means the Registrar General for England and Wales;

  • “superintendent registrar” means a superintendent registrar of births, deaths and marriages.