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Paragraph 4 Transitional provision in relation to common licences for marriage in England and WalesI1I2

United Kingdom

(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—

    1. (a)

      a person having authority to grant a common licence, or

    2. (b)

      the office of the ecclesiastical judge out of which such a licence is to issue;

  • “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.

Annotations

Commencement

I1

Sch. 5 para. 4 not in force at made date, see reg. 1

I2

Sch. 5 para. 4 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)