{
  "url": "https://openlegislation.uk/immigration-and-social-security-co-ordination-eu-withdrawal-act-2020-consequential-saving-transitional-and-transitory-provisions-eu-exit-regulations-2020/schedule-5/paragraph-4",
  "json_url": "https://openlegislation.uk/immigration-and-social-security-co-ordination-eu-withdrawal-act-2020-consequential-saving-transitional-and-transitory-provisions-eu-exit-regulations-2020/schedule-5/paragraph-4.json",
  "legislation": "uksi/2020/1309",
  "legislation_title": "The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020",
  "legislation_url": "https://openlegislation.uk/immigration-and-social-security-co-ordination-eu-withdrawal-act-2020-consequential-saving-transitional-and-transitory-provisions-eu-exit-regulations-2020",
  "path": "schedule/5/paragraph/4",
  "kind": "paragraph",
  "number": "4",
  "heading": "Transitional provision in relation to common licences for marriage in England and Wales",
  "text": "(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—\n(a) a common licence for the solemnization of the marriage was granted before 1st July 2021;\n(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\n(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.\n(2) In this paragraph—\n“appropriate person” means—\n(a)a person having authority to grant a common licence, or\n(b)the office of the ecclesiastical judge out of which such a licence is to issue;\n“common licence” has the same meaning as in the 1949 Act (see section 5);\n“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.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 5 para. 4 not in force at made date, see reg. 1"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 5 para. 4 in force at 31.12.2020, see reg. 1(2) and S.I. 2020/1279, reg. 4(c)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2020/1309/schedule/5/paragraph/4",
    "retrieved_at": "2026-10-28T22:22:36.105036+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}