The Marriage Act 1949 (Remedial) Order 2007

Statutory Instruments

2007 No. 438

marriage, england and wales

The Marriage Act 1949 (Remedial) Order 2007

Made

15th February 2007

Coming into force

1st March 2007

It appears to the Lord Chancellor, following a finding of the European Court of Human Rights(1) after the coming into force of section 10 of the Human Rights Act 1998(2) in proceedings against the United Kingdom, that certain provisions of the Marriage Act 1949(3) are incompatible with an obligation of the United Kingdom arising from the Convention(4).

The Lord Chancellor considers that there are compelling reasons for proceeding by way of a remedial Order to make such amendments to the Marriage Act 1949 as he considers necessary to remove the incompatibility.

In accordance with paragraph 2(a) of Schedule 2 to the Human Rights Act 1998, a draft of this instrument was laid before Parliament and was approved by a resolution of each House of Parliament, a document containing a draft of this instrument having previously been laid before Parliament in accordance with paragraph 3(1) of Schedule 2 to that Act.

Accordingly the Lord Chancellor makes the following Order in exercise of the powers conferred by section 10(2) of, and paragraph 1(1)(a) of Schedule 2 to, the Human Rights Act 1998:

(1)

In the case of B and L v UK (Application No. 36536/02), judgment of 13th September 2005.

(2)

1998 c.42.

(3)

1949 c.76.

(4)

See section 21(1) of the Human Rights Act 1998 for the meaning of “the Convention”.