SCHEDULES
SCHEDULE 5Transitional and further saving provision
PART 1
Transitional provision in relation to common licences for marriage in England and WalesI1I24
1
Section 5(3)(b) of the 1949 Act does not apply in respect of a marriage to be solemnized between two persons who were both relevant nationals before 1st July 2021 where—
a
a common licence for the solemnization of the marriage was granted before 1st July 2021;
b
a relevant application for a common licence in respect of the marriage was received by the appropriate person, but not yet determined, by 1st July 2021, or
c
in a case not falling within paragraph (b), one of the persons has sworn the oaths required under section 16(1) of the 1949 Act before a person with authority to grant a common licence.
2
In this paragraph—
“appropriate person” means—
- a
a person having authority to grant a common licence, or
- b
the office of the ecclesiastical judge out of which such a licence is to issue;
- a
“common licence” has the same meaning as in the 1949 Act (see section 5);
“relevant application” means an application in writing (including by email) for a common licence including the evidence required by section 16(1C) of the 1949 Act.