OpenLegislation

Article 7 Transitional provisions as to notices, etc., under the Marriage Act 1949

Original text. Later amendments are not shown.

(1)

Nothing in the London Government Act 1963 or in any scheme mentioned in article 4 of this order shall affect the validity of any certificate or licence issued or notice given under the Marriage Act 1949 before 1st April 1965. A marriage solemnised in Greater London after that date on the authority of such a certificate or licence shall not be void, and a person solemnising a marriage in accordance with sub-paragraph (b) (iii) of the next succeeding paragraph shall not be guilty of an offence under section 75 of the Marriage Act 1949, by reason of the fact that the marriage is solemnised in an office other than that specified in the notice of marriage or certificate.

(2)

Where notice of marriage is given before 1st April 1965 to any superintendent registrar whose district will be altered or abolished on that date and the marriage has not been solemnised before that date, the following provisions shall apply:—

(a)

Where the district is altered but not abolished, the provisions of the Marriage Act 1949 with regard to the issue of a certificate or a certificate and licence shall apply as if the alteration had not taken place.

(b)

Where the district is abolished, the notice shall have effect as if it had been given to the superintendent registrar designated by the Registrar General for the purposes of section 15(1) of the Act of 1953 as the successor to the superintendent registrar whose district is abolished (which successor is hereinafter referred to as the ‘succeeding superintendent registrar’) and

(i)

the succeeding superintendent registrar shall cause any notice or exact copy of the particulars entered in the marriage notice book, required to be displayed under section 31(1) of the Marriage Act 1949, to be affixed in some conspicuous place in his office from 1st April 1965 for any unexpired portion of the period mentioned in the said section 31(1), and

(ii)

the succeeding superintendent registrar, and any other superintendent registrar so empowered by the Marriage Act 1949, may, in accordance with the provisions of that Act, issue his certificate or, as the case may be, his certificate and licence for the solemnisation of the marriage notwithstanding that the building in which the marriage is to be solemnised is not within his district or within the district within which one of the persons to be married has resided, and

(iii)

the succeeding superintendent registrar may arrange for the solemnisation of the marriage in his office where the persons to be married had stated in the notice that they wished to be married in the office of the superintendent registrar to whom the notice was given.

(3)

For the purposes of any notice of marriage to be given on or after 1st April 1965 the alteration or the establishment of any district by any scheme mentioned in article 4 of this order shall be deemed to have taken effect on 28th February 1965.

(4)

The superintendent registrar of any district which will be abolished on 1st April 1965 shall for one month prior to that date display in a conspicuous position in his office and inform every person giving notice of marriage, the name and address of the superintendent registrar designated as his successor for the purposes of section 15(1) of the Act of 1953.

(5)

Nothing in the London Government Act 1963 or in any scheme mentioned in article 4 of this order shall prejudice or affect the registration of any building for the solemnisation of marriages under section 41 of the Marriage Act 1949 or the appointment of any person as an authorised person under section 43 of the Marriage Act 1949.