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The Marriage Act 1949 (Remedial) Order 2007

As Enacted Cited authorities 19 Cited in Amendments 9 Related
JurisdictionUK Non-devolved
CitationSI 2007/438
Year2007

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 Rights1after the coming into force of section 10 of the Human Rights Act 19982in proceedings against the United Kingdom, that certain provisions of the Marriage Act 19493are incompatible with an obligation of the United Kingdom arising from the Convention4.

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:

S-1Citation, commencement, and application

Citation, commencement, and application

1.—(1) This Order may be cited as the Marriage Act 1949 (Remedial) Order 2007 and shall come into force on 1st March 2007.

(2) Nothing in this Order affects any marriage solemnized before the date on which it comes into force.

S-2Repeal of restriction on marriage between certain persons related by affinity

Repeal of restriction on marriage between certain persons related by affinity

2. In the Marriage Act 1949—

(a) in section 1, omit subsections (4) to (8)5(which restrict marriage between a person and parent of former spouse or person and former spouse of child); and

(b) in section 5A6(which exempts clergyman from obligation to solemnize marriage between certain people related by affinity), after “the Marriage (Prohibited Degrees of Relationship) Act 1986” insert “or the Marriage Act 1949 (Remedial) Order 2007”.

S-3Consequential provision

Consequential provision

3. The following provisions are repealed—

(a) in the Marriage Act 1949—

(i) section 16(1B)7;

(ii) section 27C8; and

(iii) Part 3 of Schedule 19;

(b) section 1(3) and (4) of the Marriage (Prohibited Degrees of Relationship) Act 198610; and

(c) paragraph 13(4) to (6) of Schedule 27 to the Civil Partnership Act 200411.

Harriet Harman

Minister of State,

Department for Constitutional Affairs

Date 15th February 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends section 1 of and Schedule 1 to the Marriage Act 1949 (“the 1949 Act”) to remedy their...

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