Registration of Marriages Regulations 1986

JurisdictionUK Non-devolved
CitationSI 1986/1442
Year1986

1986 No. 1442

REGISTRATION OF BIRTHS, DEATHS, MARRIAGES, ETC.ENGLAND AND WALES

The Registration of Marriages Regulations 1986

Made 20th August 1986

The Registrar General in exercise of the powers conferred upon him by sections 27(1) and (2), 27A(3), (4) and (7), 27B(2)(b), 31(2) and (5), 32(2) and (4), 35(1), 55(1), 57(2), 74 and 76(5) of the Marriage Act 19491, section 20(a) of the Registration Service Act 1953 and sections 2(1), 7 and 18 of the Marriage (Registrar General's Licence) Act 1970 and of all other powers enabling him in that behalf, with the approval of the Secretary of State for Social Services2, hereby makes the following regulations:—

1 GENERAL

PART I

GENERAL

S-1 Citation and commencement

Citation and commencement

1. These regulations may be cited as the Registration of Marriages Regulations 1986 and shall come into operation on 1st October 1986 except for regulation 6 which shall come into operation on 1st November 1986.

S-2 Interpretation

Interpretation

2.—(1) In these regulations, unless the context otherwise requires—

“” means

“” means

“” means

“”

(2) In these regulations, unless the context otherwise requires—

(a)

(a) any reference to a numbered regulation is to the regulation in these regulations bearing that number and any reference in a regulation to a numbered paragraph is to the paragraph (of that regulation) bearing that number;

(b)

(b) any reference to a numbered form is to the form bearing that number in Schedule 1 to these regulations and any reference to a numbered column on a form is to the column bearing that number on that form.

2 PRELIMINARIES TO MARRIAGE

PART II

PRELIMINARIES TO MARRIAGE

S-3 Forms of notice of marriage

Forms of notice of marriage

3. The form of notice of marriage to be given shall be—

(a) under section 27(1) of the Act (marriage intended to be solemnized on authority of certificate of superintendent registrar without licence), form 1;

(b) under section 27(2) of the Act (marriage intended to be solemnized on authority of certificate of superintendent registrar by licence), form 2;

(c) under section 2(1) of the 1970 Act (marriage intended to be solemnized on authority of Registrar General's licence), form 3.

S-4 Endorsement on notice of marriage

Endorsement on notice of marriage

4. The form of endorsement on the notice of marriage to be made under section 35(1) of the Act (marriage intended to be solemnized in a registered building which is not within a registration district in which either party resides) shall be form 4.

S-5 Statements and particulars for intended marriage of house-bound or detained person

Statements and particulars for intended marriage of house-bound or detained person

5. Where a marriage is intended to be solemnized in pursuance of section 26(1)(dd) of the Act3at the residence of a house-bound or detained person (defined in section 27A(1) of the Act4as a “relevant person”)—

(a) the form of medical statement which if the relevant person is not a detained person is (pursuant to section 27A(2) of the Act) to accompany the notice of marriage shall be form 5;

(b) the form of statement which if the relevant person is a detained person is (pursuant to section 27A(3) of the Act) to accompany the notice of marriage shall be form 6;

(c) the form of particulars of the person by or before whom the marriage is intended to be solemnized which (pursuant to section 27A(4) of the Act) are required to be given to the superintendent registrar shall be form 7 and the particulars required to be given shall be those there specified.

S-6 Declaration for intended marriage of certain persons related by affinity

Declaration for intended marriage of certain persons related by affinity

6.—(1) Where a marriage mentioned in section 1(2) of the Act5is intended to be solemnized on the authority of a certificate of a superintendent registrar, the form of declaration to be made, pursuant to section 27B(2)(b) of the Act6, by each of the persons to be married shall be form 8.

(2) A declaration mentioned in paragraph (1) shall be signed, in the space provided, by the person making it in the presence of the superintendent registrar who shall then, in the space provided, sign the declaration as witness and add his description.

(3) The superintendent registrar referred to in paragraph (2) is the superintendent registrar or, as the case may be, either of the two superintendent registrars, to whom notice of the marriage is required to be given.

S-7 Authorities for marriage issued by a superintendent registrar and by the Registrar General

Authorities for marriage issued by a superintendent registrar and by the Registrar General

7.—(1) The form of certificate for marriage to be issued by a superintendent registrar under section 31(2) of the Act (marriage without licence) shall be form 9.

(2) The form of certificate and licence for marriage to be issued by a superintendent registrar under section 32(2) of the Act (marriage by licence) shall be form 10.

(3) The form of the Registrar General's licence for marriage to be issued under section 7 of the 1970 Act shall be form 11.

S-8 Form of instructions for solemnization of a marriage in a registered building without the presence of a registrar

Form of instructions for solemnization of a marriage in a registered building without the presence of a registrar

8. The form of instructions to be given by a superintendent registrar under section 31(5) or 32(4) of the Act, as the case may be, to one of the persons whose marriage is to be solemnized in a registered building for which an authorised person has been appointed and no notice has been given requiring the presence of a registrar, shall be form 12.

S-9 Combination of forms

Combination of forms

9. Any form prescribed by this Part of these regulations may be combined with any other such form.

3 REGISTRATION OF MARRIAGE (INCLUDING DUTIES OF REGISTRAR)

PART III

REGISTRATION OF MARRIAGE (INCLUDING DUTIES OF REGISTRAR)

S-10 Form of registration of particulars and place of registration

Form of registration of particulars and place of registration

10.—(1) The form of registration of the particulars relating to a marriage pursuant to section 55(1) of the Act shall be Part I of form 13 together with the form of attestation in Part II of that form which is appropriate to the place and manner of solemnization.

(2) Where a registrar is required to register the marriage, he shall register it, immediately after the solemnization of the marriage and in accordance with the provisions of this Part of these regulations, within the premises where it was solemnized.

S-11 Manner of registration

Manner of registration

11.—(1) Where a registrar is required to register the marriage he shall, subject to paragraph (5), enter the particulars required in each column of Part I of form 13.

(2) In column 4 the registrar shall enter the condition of the parties to the marriage in the following manner—

(a)

(a) if a party has not previously been married, he shall enter the word or, as the case may be, ;

(b)

(b) if a party's previous marriage was terminated by death he shall enter the word or, as the case may be, ;

(c)

(c) if a party's previous marriage was annulled on the ground that the marriage was voidable, he shall enter the words ;

(d)

(d) if a party's previous marriage was terminated by divorce he shall enter the words ;

(e)

(e) if the marriage is between two parties who have previously been through a form of marriage with each other (not being a marriage which is known to have been null and void) and neither of them has since married a third party, then (and notwithstanding sub-paragraphs (c) and (d) above)—

(i) if the previous marriage was terminated by divorce, he shall enter the words , inserting particulars of the place and date of the previous marriage and the date of its dissolution, or

(ii) if the previous marriage was annulled, he shall enter the words , inserting particulars of the place and date of the previous marriage and the date of its annulment, or

(iii) if the ceremony was performed for the avoidance of doubt as to the validity of a previous ceremony, he shall enter the words , inserting the particulars of the place and date of the previous ceremony;

and no further entry shall be made in column 4.

(3) In column 6 if either of the parties has moved into another district since the notice of marriage was given, the registrar shall enter the words , inserting the full address of both residences.

(4) In column 7 if the father of either party to the marriage is deceased, the registrar shall enter the word after the surname.

(5) Where it appears to the registrar that he cannot enter the particulars required in any column in Part I of form 13 he shall draw a line in ink through that column.

S-12 Entry of attestation

Entry of attestation

12. In the form of attestation set out in Part II of form 13 the registrar shall enter in the places respectively provided for the purpose the following particulars:—

(a) if the marriage has been solemnized in a registered building according to the rites and ceremonies of any religious body or denomination, the description of the registered building, the title of the body or denomination according to the rites and ceremonies of which the marriage has been solemnized, and the word or, as the case may be, ;

(b) if the marriage has been solemnized in a superintendent registrar's office, the words and the word or, as the case may be, ;

(c) if the marriage has been solemnized on the authority of a Registrar General's licence, the address of the place in which the marriage has been solemnized, the title of the religious body or denomination, if any, according to the rites and ceremonies of which the marriage has been solemnized, and the words ;

(d) if the marriage has been solemnized at a person's residence in pursuance of section 26(1)(dd) of the Act, the address of the place in which the marriage has been solemnized, the title of the religious body or denomination...

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