The Marriage Act 1949 (Remedial) Order 2007
| Jurisdiction | UK Non-devolved |
| Citation | SI 2007/438 |
| Year | 2007 |
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:
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.
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”.
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 The following provisions are repealed—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...
To continue reading
Request your trial