Marriage (Registrar General's Licence) Act 1970

JurisdictionUK Non-devolved
Citation1970 c. 34


Marriage (RegistrarGeneral's Licence) Act 1970

1970 CHAPTER 34

An Act to permit marriages on unregistered premises; and for purposes connected therewith.

[29th May 1970]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Marriages which mary be solemnised by Registrar General's licence.

1 Marriages which mary be solemnised by Registrar General's licence.

(1) Subject to the provisions of subsection (2) below, any marriage which may be solemnised on the authority of a certificate of a superintendent registrar may be solemnised on the authority of the Registrar General's licence elsewhere than at a registered building or the office of a superintendent registrar:

Provided that any such marriage shall not be solemnised according to the rites of the Church of England or the Church in Wales.

(2) The Registrar General shall not issue any licence for the solemnising of a marriage as is mentioned in subsection (1) above unless he is satisfied that one of the persons to be married is seriously ill and is not expected to recover and cannot be moved to a place at which under the provisions of the Marriage Act 1949 (hereinafter called the ‘principal Act’) the marriage could be solemnised.

S-2 Notice of marriage.

2 Notice of marriage.

(1) Where a marriage is intended to be solemnised on the authority of the Registrar General's licence, notice shall be given in the prescribed form by either of the persons to be married to the superintendent registrar of the registration district in which it is intended that the marriage shall be solemnised, and the notice shall state by or before whom it is intended that the marriage shall be solemnised.

(2) The provisions of section 27(4) of the principal Act (which relate to entries in the marriage notice book) shall apply to notices of marriage on the authority of the Registrar General's licence.

(3) The provisions of section 28 of the principal Act (declaration to accompany notice of marriage) shall apply to the giving of notice under this Act with the exception of paragraph (b ) of subsection (1) of that section and with the modification that in section 28(2) references to the registrar of births and deaths or of marriages and deputy registrar shall be omitted.

S-3 Evidence of capacity, consent etc., to be produced.

3 Evidence of capacity, consent etc., to be produced.

3. The person giving notice to the superintendent registrar under the provisions of the foregoing section shall produce to the superintendent registrar such evidence as the Registrar General may require to satisfy him—

a ) that there is no lawful impediment to the marriage
b ) that the consent of any person whose consent to the marriage is required under section 3 of the principal Act, as amended by the Family Law Reform Act 1969, has been duly given; and
c ) that there is sufficient reason why a licence should be granted
d ) that the conditions contained in section 1(2) of this Act are satisfied and that the person in respect of whom such conditions are satisfied is able to and does understand the nature and purport of the marriage ceremony:

Provided that the certificate of a registered medical practitioner shall be sufficient evidence of any or all of the matters in subsection (1)(d ) of this section referred to.

S-4 Application to be reported to Registrar General.

4 Application to be reported to Registrar General.

4. Upon receipt of any notice and evidence as mentioned in sections 2 and 3 above respectively the superintendent registrar shall inform the Registrar General and shall comply with any directions he may give for verifying the evidence given.

S-5 Caveat against issue of Registrar General's licence.

5 Caveat against issue of Registrar General's licence.

5. The provisions of section 29 of the principal Act (caveat against issue of certificate or licence) shall apply to the issue of a licence by the Registrar General with the modification that a caveat may be entered with either the superintendent registrar or the Registrar General and in either case it shall be for the Registrar General to examine into the matter of the caveat and to decide whether or not the licence should be granted and his decision shall be final, and with a further modification that the references to the superintendent registrar in that section shall refer to the superintendent registrar of the registration district in which the marriage is intended to be solemnised.

S-6 Marriage of persons under eighteen.

6 Marriage of persons under eighteen.

6. The provisions of section 3 of the principal Act (marriage of persons under 18) shall apply for the purposes of this Act to a marriage intended to be solemnised by Registrar General's licence as they apply to a marriage intended to be solemnised on the authority of a certificate of a superintendent registrar under Part III of the principal Act with the modification that if the consent of any person whose consent is required under that Act cannot be obtained by reason of absence or inaccessibility or by reason of his being under any disability, the superintendent registrar shall not be required to dispense with the necessity for the consent of that person and the Registrar General may dispense with the necessity of obtaining the consent of that person, whether or not there is any other person whose consent is also required.

S-7 Issue of licence by Registrar General.

7 Issue of licence by Registrar General.

7. Where the marriage is intended to be solemnised on the authority of the Registrar General and he is satisfied that sufficient grounds exist why a licence should be granted he shall issue a licence in the prescribed form unless—

a ) any lawful impediment to the issue of the licence has been shown to his satisfaction to exist; or
b ) the issue of the licence has been forbidden under section 30 of the principal Act.
S-8 Period of validity of licence.

8 Period of validity of licence.

(1) A marriage may be solemnised on the authority of the Registrar General's licence at any time within one month from the day on which the notice of marriage was entered in the marriage notice book.

(2) If the marriage is not solemnised within the said period of one month, the notice of marriage and the licence shall be void, and no person shall solemnise the marriage on the...

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